Civil Liberties

At no time in our nation's history have our civil liberties not been at risk. Since September 11th, 2001, however, we've seen an unprecedented assault on Americans' basic rights and freedoms.

In some cases, this assault has been directly attributed to the 9/11 attacks. Draconian legislation like the USA PATRIOT Act and the Military Commissions Act have sailed through Congress on the strength of the mistaken perception that they will somehow "protect Americans from terrorism." The few restrictions on government power included in those laws have been blunted by President Bush's unusual -- and, if acted upon, illegal -- notion that he can modify congressional action with "signing statements" that amount to a sub rosa line item veto of the parts he doesn't like.

In other cases, corrupt politicians have simply inserted rights-violating legalese -- without even a nod to any real national security concern -- into other legislation. Such is the case with the "Internet Poker Ban" which US Senator Bill Frist (R-TN) snuck into a late 2006 "port security" bill.

As your president, I'll veto any legislation which violates the rights of my fellow Americans -- or of foreigners whose activities bring them under the power of the government of the United States. And I'll work to roll back the iron curtain of totalitarianism which has begun to descend over our nation.

• I'll instruct all departments of the executive branch that they are bound by, and expected to observe, the restrictions on government power enshrined in the Bill of Rights.
  
• I'll refer violations of those restrictions to the Civil Rights Division of the US Department of Justice for prosecution under United States Code, Title 18, Sections 241 (Conspiracy to Violate Rights) and 242 (Violation of Rights Under Color of Law).
  
• Where an existing law conflicts with the Constitution or in any way violates your rights as enumerated in, or implied by, that Constitution, I'll refuse, and direct my subordinates to refuse, to enforce it. And if someone wants it enforced badly enough to seek a writ of mandamus from the courts, I'll direct the Solicitor General of the United States to vigorously defend you.
  

I believe in America -- and in the America I believe in, the people do not require the permission of government to live as dignified human beings.

They aren't afraid to speak their minds or to publish their opinions. Their churches and their homes are sacrosanct. Their right to peaceable assembly isn't restricted to fenced-in "free speech zones" that might as well have signs reading This USED To Be A Free Country.

Their right to defend themselves with firearms isn't preconditioned on possession of a bureaucrat's permit, nor is their right to privacy subject to nullification with warrantless searches and "no-knock" raids. Their property is theirs, not someone else's, even if that someone else has a friend on the city council and a plan to build a shopping mall.

Their right to relationships -- including marriage -- with other consenting adults isn't pre-conditioned on letting some bureaucrat peek up their skirts or inside their trousers. Their right to serve in the armed forces isn't affected by whom they date or to whom they are married. And if they're married in Massachusetts, they're married in Missouri ... just like the Constitution's "Full Faith and Credit" clause says.

Their rights don't go away when they're accused of a crime. They're entitled to know the charges against them and to confront their accusers and challenge the evidence in court in front of a jury of their peers, without having been subjected to torture or forced confession, and without the threat of cruel and unusual punishment hanging over their heads.

Most of all, beyond the rights I just mentioned -- every one of which is explicitly and unconditionally protected in the Bill of Rights -- they're entitled to those rights which are not enumerated, but are alluded to, therein. And those rights really come down to one basic right: To be left alone by their government, so long as their behavior is peaceable and honest.

That is the America I believe in ... and the America that, with your support, I intend to restore to its full glory and honor as the great home of freedom on earth.