We agree with a 2017 suggested addition to the Green Party Platform:
“We urge that the Authorization for Use of Military Force (AUMF) passed by Congress on September 14, 2001 in response to the attacks on September 11, 2001 be repealed.
The Authorization for Use of Military Force delegates to the president additional powers not mentioned in the Constitution, and abdicates the responsibility of Congress to declare war. It serves to maintain the US in a state of perpetual war.
It has been cited as justification for actions in Afghanistan, Cuba (Guantanamo Bay), Djibouti, Eritrea, Ethiopia, Georgia, Iraq, Kenya, Libya, Philippines, Somalia, Syria and Yemen. Numerous studies have shown that the “War on Terror” has created an ever-increasing number of terrorists and has added significantly to the destabilization of the Middle East.”
We agree with the 2012 Constitutional Party Platform:
"The 4th Amendment states:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
The Fifth Amendment further protects property, by stating: "No person shall be ... deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
We affirm the Fourth Amendment right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, including arbitrary or de facto registration, general and unwarranted electronic surveillance, national computer databases, and national identification cards. We also reaffirm that civil governments must be strictly limited in their powers to intrude upon the persons and private property of individual citizens, in particular, that no place be searched and no thing be seized, except upon proof of probable cause that a crime has been committed and the proper judicial warrant issued.
We further reaffirm the common-law rule that protects the people from any search or seizure whatsoever when that search or seizure violates the Fifth Amendment right against self-incrimination.
We deplore and oppose vigorously legislation and executive action that deprive the people of their Fourth and Fifth Amendment rights under claims of necessity to "combat terrorism" or to "protect national security."
We oppose legislation and administrative action utilizing asset forfeiture laws which enable the confiscation of the private property of persons not involved in the crime. Forfeiture of assets can only be enforced after conviction of the property owner as a penalty for the crime. Such forfeitures must follow full due process of law under criminal prosecution standards.
We oppose the monitoring and controlling of the financial transactions of the people through such proposed laws as "Know Your Customer." Banks should be repositories of treasure and fiduciaries for the people, not enforcers for the State. Any information regarding customer transactions the State obtains from banks must be subject to the traditional Fourth Amendment safeguards.
We support privacy legislation that prohibits private parties from discriminating against individuals who refuse to disclose or obtain a Social Security number. We also call for legislation prohibiting all governmental entities from requiring the use of the Social Security number except for Social Security transactions. Additionally, we call for the repeal of all laws, regulations and statutes that require the use of the Social Security number for any purpose other than Social Security transactions."
Terrorism and Personal Liberty
Article 1, Section 9, Clause 2: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”
The threat of Terrorism has not been claimed to be a rebellion or an invasion.
America is engaged in an undeclared war with an ill-defined enemy (terrorism), a war which threatens to be never ending and which is being used to vastly expand government power, particularly that of the executive branch, at the expense of the individual liberties of the American people.
The "war on terrorism" is serving as an excuse for the government to spend beyond its income, expand the Federal bureaucracy and socialize the nation through taxpayer bailouts of the airlines, subsidies to the giant insurance corporations and other Federal programs.
We deplore and vigorously oppose legislation and executive action that deprive the people of their rights secured under the Fourth and Fifth Amendments under the guise of "combating terrorism" or "protecting national security." Examples of such legislation are the National Security Act, the USA PATRIOT Act, the proposed Domestic Securities Enhancement Act (colloquially known as "Patriot II"), the Military Commissions Act, the National Defense Authorization Act and especially the creation of the Department of Homeland Security. We further oppose any other governmental action that would deprive persons of life, liberty or property without due process of law.
• The National Security Act is used by the federal government as a shroud to prevent the American people and our elected officials from knowing how much and where our tax dollars are spent from covert operations around the world. The National Security Act prevents the release of Executive Orders and Presidential Decision Directives, e.g., PDD 25, to the American people and our elected representatives. Not only are many of these used to thwart justice in the name of national security but some of the operations under this act may threaten our very national sovereignty.
• The USA PATRIOT Act permits arrests without warrants and secret detention without counsel, wiretaps without court supervision, searches and seizures without notification to the individual whose property is invaded and a host of other violations of the legal safeguards our nation has historically developed according to principles descending from the Fourth and Fifth Amendments. Since we will no longer have a free nation while the federal government (or the governments of the several states, as the federal government may authorize) can violate our historic rights under such laws, we call for the rejection of all such laws and the ceasing of any such further proposals including
The aforementioned Domestic Securities Enhancement Act.
• The National Defense Authorization Act gives authority to the President of the United States to have persons arrested, including U.S. citizens, without a warrant, without a trial, indefinitely.
The Constitution Party opposes all violent acts of sedition, treason and covert guerilla warfare conducted on U.S. soil. Individuals responsible for these acts must be punished for their crimes including the infliction of capital punishment where appropriate. In responding to terrorism, however, the United States must avoid acts of retaliation abroad which destroy innocent human lives, creating enmity toward the United States and its people; and in accord with the views of our Founding Fathers, we must disengage this nation from the international entanglements which generate foreign hatred of the United States, and are used as the excuse for terrorist attacks on America and its people. The 'war on terrorism" is not a proper excuse for perpetual U.S. occupation of foreign lands, military assaults on countries which have not injured us, or perpetual commitment of taxpayer dollars to finance foreign governments."