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2008 Platform (filtered to bad precedent)

This is a plank-by-plank review of the 2008 platform. Use the links at right to narrow it down, or explore alternate views:

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Showing only planks with bad precedent fault: These destroy useful customs or start us down slippery slopes. (show all planks)
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Census

Preserving American Freedom > Limiting the Expanse of Government Power > Census
We oppose the Census Bureau's obtaining data beyond the number of citizens residing in a dwelling, and we oppose statistical sampling adjustments in the "mid-decade" census. We urge that U.S. citizens who, because of religion or conscience, are compelled to withhold their full response to any census question, be held guiltless.
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The census is a critical measure of population and trends in the United States.

The qualms about census questions are pointless:

  • The 2000 census long form was the shortest since 1940.
  • Census data is not shared with other agencies, and the courts have upheld this.

No credible religious belief prevents one from completing a census.

If we allow conscientous objection to the census, we'll start getting silly cases like in Canada's Todd Stelmach. Stelmach believes that the software used to run Canada's census was made by a company that indirectly benefits from profits from our war on terror. (source)

Lobbying Limitation

Preserving American Freedom > Restoring Integrity to Our Elections > Lobbying Limitation
We support legislation to prohibit former officials and government employees from lobbying for a foreign government and/or any business for five years after leaving public service. We support legislation to prevent lobbying by any organization receiving federal grants except that relating to its tax status.
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The right to free speech and the right of free association are Constitutionally-protected rights. Conservatives do not reduce Constitutionally-protected rights.

The limitation on lobbying by those receiving federal grants is ridiculous. It would muzzle free speech rights for a huge array of private institutions like museums, universities, hospitals, public works contractors, etc.

Rosebush-Blocker Rule

Preserving American Freedom > Restoring Integrity to Our Elections > Rosebush-Blocker Rule
We oppose the Rosebush-Blocker rule in the Texas Senate.
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This is shortsighted.

In requiring a 2/3 vote to send legislation to the floor, the Rosebush "Blocker" Rule is a check against a thin majority causing extreme changes. The problem is not the rule, it is that the Republicans only have a thin majority.

The right solution is not changing major rules for temporary gain. That should distinguish us from Democrats (case in point: Democrats change Massachusetts special election law to ensure Democrat senator). Also, this rule could come in handy if--God forbid--Republicans lose their majority.

The right solution is a better Republican majority. And that cannot happen without a better platform.

Flag Desecration

Preserving American Freedom > Honoring the Symbols of Our American Heritage > Flag Desecration
Any form of desecration of the American Flag is an act of disregard for our nation and its people and penalties should be established for such.
(plank deleted)

Annoying speech is still protected speech. It is a dangerous precedent to establish politically correct forms of free expression. That's copying a tactic of despotic regimes like Iran, Iraq, North Korea, and Cuba.

What is absent from the larger debate is the flag is a symbol. Nobody died for a symbol, they died for what it represents.

Enacting this amendment defiles what the flag represents: curtailing free speech is orders of magnitude more harmful than desecrating a symbol.

Family and Defense of Marriage

Strengthening Families, Protecting Life and Promoting Health > Celebrating Traditional Marriage > Family and Defense of Marriage
We support the definition of marriage as a God-ordained, legal and moral commitment only between a natural man and a natural woman, which is the foundational unit of a healthy society, and we oppose the assault on marriage by judicial activists. We call on the President and Congress to take immediate action to defend the sanctity of marriage. We are resolute that Congress exercise authority under the United States Constitution, and pass legislation withholding jurisdiction from the Federal Courts in cases involving family law, especially any changes in the definition of marriage. We further call on Congress to pass and the state legislatures to ratify a marriage amendment declaring that marriage in the United States shall consist of and be recognized only as the union of a natural man and a natural woman. Neither the United States nor any state shall recognize or grant to any unmarried person the legal rights or status of a spouse. We oppose the recognition of and granting of benefits to people who represent themselves as domestic partners without being legally married. We advocate the repeal of laws that place an unfair tax burden on families. We call upon Congress to completely remove the marriage penalty in the tax code, whereby a married couple receives a smaller standard deduction than their unmarried counterparts living together. The primary family unit consists of those related by blood, heterosexual marriage, or adoption. The family is responsible for its own welfare, education, moral training, conduct, and property.

Language needs simplification.

There is no meaningful "assault" on marriage in the Texas or federal judiciary outside a limited, long-shot ruling by a Democrat activist judge in Dallas County.

The discrepancy in the "married filing jointly" standard deduction was addressed in the Economic Growth and Tax Relief Reconciliation Act of 2001, and the Jobs and Growth Tax Relief Reconciliation Act of 2003 caused it to be implemented in 2003.

It is a slippery slope to cherrypick subjects eligible for judicial review.

Marriage is a state issue and should continue to be a state issue. We do not need yet another federal mandate on states.

Recognition or granting of benefits is of the purview of the private sector. We should not be like liberals and increase regulation of the private sector.

The last two sentences are redundant with other parts of the platform or simply commonsense.

Pornography

Strengthening Families, Protecting Life and Promoting Health > Celebrating Traditional Marriage > Pornography
We support laws that restrict minors' access to pornography and prevent sexually oriented businesses from operating near neighborhoods, schools, and established businesses and institutions that cater to minors.We urge our governmental bodies to enforce laws regarding all forms of pornography. We urge more stringent legislation to prohibit all pornography including virtual pornography and operation of sexually-oriented businesses.

Complete bans on pornography are subjective, unconstitutional, and only come from a desire to have government decide individual morality. However, conservatives support community standards that usually separate intensive pornography businesses from places where children congegrate.

Partial Birth Abortion

Strengthening Families, Protecting Life and Promoting Health > Protecting Innocent Human Life > Partial Birth Abortion
We oppose partial birth abortion. We recommend that Congress eliminate from all federal court jurisdictions all cases involving challenges to banning Partial Birth Abortion.
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There is no need to single out partial birth abortions when we have a comprehensive abortion statement in the Right To Life plank.

We should not get into the slippery slope of cherrypicking valid subjects for judicial review.

Right To Life

Strengthening Families, Protecting Life and Promoting Health > Protecting Innocent Human Life > Right To Life
We believe all human life is sacred. Therefore, we oppose all abortions except to save the life of the mother, after rape, or for nonviable fetuses. We oppose genocide, euthanasia, and assisted suicide. We support parental consent for minors to obtain abortions.All innocent human life must be respected and safeguarded from fertilization to natural death; therefore, the unborn child has a fundamental individual right to life which cannot be infringed. We affirm our support for a Human Life Amendment to the Constitution and to make clear that the Fourteenth Amendment's protection applies to unborn children. We support the Life at Conception Act. We oppose the use of public revenues and/or facilities for abortion or abortion-related services. We support the elimination of public funding for organizations that advocate or support abortion. We are resolute regarding the reversal of Roe v. Wade. We affirm our support for the appointment and election of judges at all levels of the judiciary who respect traditional family values and the sanctity of innocent human life. We insist that the U.S. Department of Justice needs to prosecute hospitals or abortion clinics for committing induced labor (live birth) abortion. We are opposed to genocide, euthanasia, and assisted suicide. We oppose legislation allowing the withholding of nutrition and hydration to the terminally ill or handicapped. Until our final goal of total Constitutional rights for the unborn child is achieved, we beseech the Texas Legislature in consideration of our state's rights, to enact laws that restrict and regulate abortion including: 1. parental and informed consent; 2. prohibition of abortion for gender selection; 3. prohibition of abortion due to the results of genetic diagnosis 4. licensing, liability, and malpractice insurance for abortionists and abortion facilities; 5. prohibition of financial kickbacks for abortion referrals; 6. prohibition of partial birth and late term abortions; and 7. enactment of any other laws which will advance the right to life for unborn children.

All abortions are a tragedy. All casual abortions, mainly those used as a substitute for effective use of birth control, are a grievous violation of the right to life.

Abortions should be permitted for other reasons, including when the mother's life is endangered or when the fetus is not viable.

Pregnancies resulting from rape, while rare, involve complex moral dilemmas. In those cases, we should respect the privacy of the mother and allow her to decide the best outcome. We can take solace that some studies suggest most rape-induced pregnancies are carried to term.

The judiciary is to interpret and apply laws. Earlier planks also call for judicial restraint. Expecting the judiciary to pursue a social policy agenda is judicial activism, not judicial restraint. Liberalism is still liberal even when it benefits a conservative cause.

Mandating artificial sustenance is a violation of basic human rights. Withholding artificial sustenance may be merited when an unresponsive patient has no no chance of survival. Ultimately, this is a decision for the patient (as previously arranged in a living will) or that patient's spouse or family, not the government.

The mention of handicapped persons is unjustifiable. There is no credible movement to murder handicapped people by withholding nutrition.

On the 7 enumerated points:

  • Point 1 is incorporated into the proposed revision.
  • Points 2, 6, and 7 are redundant with the clearly stated point of the plank.
  • Point 3 is problematic. The genetic diagnosis may confirm a condition that is incompatible with life.
  • Points 4 and 5 are a bad precedent. Abortion facilities should only be regulated commensurate with the risk to mothers, and these laws only creates legal fictions and chicaneries. Focus on these laws creates new bureaucracies and regulations, just like liberals, and also distracts from the main goal of banning most abortions.

Protection of Women's Health

Strengthening Families, Protecting Life and Promoting Health > Protecting Innocent Human Life > Protection of Women's Health
Because of the personal and social pain caused by abortions, we call for the protection of both women and their unborn children from pressure for unwanted abortions. We commend the Texas Legislature for the passage of the Woman's Right to Know Act, a law requiring abortion providers, prior to an abortion, to provide women full knowledge of the physical and psychological risks of abortion, the characteristics of the unborn child, and abortion alternatives. We urge the state government and the Department of State Health Services to ensure that all abortion providers are in compliance with this informed consent law and to ensure that all pregnancy centers and other entities assisting women in crisis pregnancies have equal access to the informational brochures created by the Department of State Health Services.
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It is a Constitutionally-protected free speech right to convince mothers either way on abortions. We should not take the Democrat option of reducing fundamental rights.

The Legislature in 2003 already required certain information be made available to mothers. See the actual material. We are dangerously close to contradicting Republican opposition to socialized medicine, where bureaucrats will get in the way of doctor-patient relationships.

It is simply a basic expectation that agencies enforce the laws they are required to uphold. Commonsense statements do not need to be written in the platform.

Religious Freedom in Public Schools

Educating Our Children > Religious Freedom in Public Schools
We urge school administrators and officials to inform Texas school students specifically of their First Amendment rights to pray and engage in religious speech, individually or in groups, on school property without government interference. We support and strongly urge Congress to pass a Religious Freedom Amendment, which provides: "Neither the United States nor any State shall prohibit student-sponsored prayer in public schools, nor compose any official student prayer or compel joining therein." We urge the Legislature to end censorship of discussion of religion in our founding documents, and encourage discussing those documents.
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It is wildly inappropriate to push "school administrators and officials" into a role traditionally held by parents and churches.

Courts have consistently upheld personal or student-initiatied right to prayer. What is unconstitutional is when student-initiated prayer becomes de facto policy, such as what brought about Santa Fe Independent School Dist. v. Doe.

The proposed amendment is dangerous. It would tacitly endorse public schooling on a federal level, creating a "gateway drug" to enhancing federal oversight of schools. Also, contemporary interpretaion of the First Amendment strongly defends most student-initiated prayer as free speech and defends against compulsory prayer.

Key founding documents in fact have minimal references to religion. There is no evidence of censorship.

Freedom of Access Act

Promoting Individual Freedom and Personal Safety > Individual Freedom > Freedom of Access Act
We urge repeal of the Freedom of Access to Clinic Entrances Law. Those who assault peaceful protesters acting under the Constitution should be vigorously prosecuted. Picketing and literature distribution do not fall under the RICO Act.
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The US Supreme Court has twice ruled that the RICO Act or Hobbs Act cannot be used against abortion protectors. (source)

The Freedom of Access to Clinic Entrances Act prevents use of intimidation or physical force and protects more than abortion clinic customers. It is dangerous and absurd to suggest that it's OK to use these tactics against law-abiding citizens.

Assault is already illegal.

Capital Punishment

Promoting Individual Freedom and Personal Safety > Protecting Citizens From Crime > Capital Punishment
Properly applied capital punishment is a legitimate, is an effective, effective deterrent, and should be swift and unencumbered.

"swift and unencumbered" is how tyrannical regimes execute people after poor quality trials. This is a human life. Emphasis should be on clearing all doubt about guilt, and that is not compatible with swift or unencumbered executions.

Sexual Assault

Promoting Individual Freedom and Personal Safety > Protecting Citizens From Crime > Sexual Assault
Punishment options for rape should include death. AdultsAdults convicted of sexual molestation of a minor should receive mandatory prison sentences without probation or parole. We support increasing the penalty for failure to report child sexual assault cases, and we urge vigorous prosecution of such failure. We urge the Legislature to eliminate from the child sexual assault law the "affirmative defense" when there is less than 36 months of age difference.

Rape is serious, but it is unclear why it deserves equivalent punishment to capital murder. Why just rape? How about all the other serious crimes that leave lasting harm on their victims?

It is likely this is just advancing a limited religious viewpoint.

The 3 year boundary is arbitrary and imperfect, but it is not clear why it is the wrong boundary or why a different (or no?) boundary is better. There is no popular movement to change this law.

Addictive Behaviors

Promoting Individual Freedom and Personal Safety > Protecting Citizens From Crime > Addictive Behaviors
We encourage state and federal governments to severely prosecute illegal dealers and manufacturers of addictive substances and pornography. We urge Congress to discourage export of such substances into our country. Faith based rehabilitation programs should be emphasized. We oppose legalizationlegalizing recreational use of illegalillicit drugs. We support an effective abstinence-based educationaldrug avoidance education program for children. We oppose any "needle exchange" program. We urge vigorous enforcement of our DUI laws but only in ways that do not hassle innocent motorists.

Pornography is protected free speech.

The government is already fighting multilateral wars to prevent importation of illicit drugs.

Rehabilitation programs that are effective should be emphasized. It is neither legal or wise to promote a program just because it is affiliated with a religious movement; otherwise the government would have to promote programs like Narcanon, a front for the Scientology cult.

Needle exchange programs are a local issue.

"Abstinence" is strongly associated with sex education and should not be used in this context.

We DUI enforcement support must be qualified. Current trends are ensnaring innocent citizens with spurious citations, pointless arrests, and roadblocks.

Need to be clear that it's the recreational use of drugs that is proscribed. Some otherwise illicit drugs have valid clinical uses.

Faith-Based Charities

Strengthening the Economy > Government Spending > Faith-Based Charities
We oppose any restrictions by the IRS or any other government rules on taxpayer contributions to faith-based charities. We support new incentives to encourage more faith-based charitable contributions from all taxpayers.
(plank deleted)

There is no credible movement to restrict contributions to faith-based charities.

Government should not promote any particular kind of charity.

Illegal Immigration

Restoring American Sovereignty and Leadership > Domestic > Illegal Immigration
We oppose illegal immigration. We call for continued progress on sealing our porous borders, including completion of a fence to block off our entire southern border and increased border patrols. We demand rapid resolution to the status of millions of illegal aliens living in the United States. We support expeditious deportation of violent or habitually criminal illegal aliens.No amnesty! No how. No way. Illegal aliens have committed a criminal act. We oppose illegal immigration, amnesty in any form, or legal status for illegal immigrants. We support an end to the "catch and release" policy; criminal penalties and aggressive enforcement for those who knowingly employ illegal workers; expeditious hearings on deporting non-violent illegal immigrants; suspending automatic U.S. citizenship to children born to illegal immigrants; elimination of federal funding to cities with "sanctuary" laws; empowering state and local law enforcement agencies with authority and resources to detain illegal immigrants; rejection of non-verifiable foreign-issued cards as valid identification; strict prosecution of any entity involved in phony identification documents; elimination of day labor work centers; elimination of laws requiring hospitals to give non-emergency care to illegals; elimination of social security benefits or government funding to illegals for education, housing or business loans; preventing any foreign entity from using our judicial system to enter the United States; strong document verification prior to issuance of a Texas drivers license; withholding federal highway funds from any state issuing drivers licenses to illegal aliens; and aggressive prosecution of persons smuggling humans across our borders.

Cliches do not belong in a serious platform document. "No amnesty! No how. No way." is a gibberish cliche.

Republicans must oppose illegal immigration and should support strong measures to seal porous borders. However, we have to be realistic: by failing to meaningfully secure the borders for many years, we left the welcome mat out for illegal aliens.

A sane immigration policy cannot only be deportation and punishment. That is unrealistic, inhumane, and economically destructive. It fuels critics who see Republicans as narrow and rigid, it hurts our relevancy, and it destroys our credibility with Hispanic voters.

Republicans must combine firmness on illegal immigration with acknowledgement of our current situation. That means we have to look beyond punitive measures and ripping up longstanding legal traditions. We have to be pragmatic and realistic.

Birthright Citizenship

Restoring American Sovereignty and Leadership > Domestic > Birthright Citizenship
We call on the Legislative, Executive and Judicial branches of these United States to clarify Section 1 of the 14th amendment to limit citizenship by birth to those born to a citizen of the United States: with no exceptions.
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Immigration problems need to be solved by sealing the border, not by shredding the Constitution.