Republican Party Platform – the good, the bad, the ugly

I took a look through the Republic Party Platform

A mixture of stuff that absolutely makes me cringe, along with the occasional bit of material that seemed quite sensible.

Here are a few points that may be of interest to our group:

In its discussion of the Fourth Amendment, the platform completely ignores the abuses by the criminal justice system connected to the drug war, and instead focuses on things like the Foreign Tax Compliance Act, and the use of aerial surveillance on U.S. soil.

However, in its Fifth Amendment discussion, it does include this excellent bit:

Civil asset forfeiture was originally intended as a way to cripple organized crime through the seizure of property used in a criminal enterprise. Regrettably, it has become a tool for unscrupulous law enforcement officials, acting without due process, to profit by destroying the livelihood of innocent individuals, many of whom never recover the lawful assets taken from them. When the rights of the innocent can be so easily violated, no one’s rights are safe. We call on Congress and state legislatures to enact reforms to protect law-abiding citizens against abusive asset forfeiture tactics.

In the criminal justice section, it’s nice to see this acknowledgement:

Two grave problems undermine the rule of law on the federal level: Over-criminalization and over-federalization. In the first case, Congress and federal agencies have increased the number of criminal offenses in the U.S. Code from 3,000 in the early 1980s to more than 4,500 today. That does not include an estimated 300,000 regulations containing criminal penalties. No one, including the Department of Justice, can come up with accurate numbers. That recklessness is bad enough when committed by Congress, but when it comes from the unelected bureaucrats of the federal agencies, it is intolerable. The power of career civil servants and political appointees to criminalize behavior is one of the worst violations of constitutional order perpetrated by the administrative state.

To deal with this morass, we urge caution in the creation of new “crimes” and a bipartisan presidential commission to purge the Code and the body of regulations of old “crimes.” We call for mens rea elements in the definition of any new crimes to protect Americans who, in violating a law, act unknowingly or without criminal intent. We urge Congress to codify the Common Law’s Rule of Lenity, which requires courts to interpret unclear statutes in favor of a defendant.

But the section entitled “Combatting Drug Abuse” shows a complete lack of direction.

Combatting Drug Abuse

The progress made over the last three decades against drug abuse is eroding, whether for cultural reasons or for lack of national leadership. In many jurisdictions, marijuana is virtually legalized despite its illegality under federal law. At the other end of the drug spectrum, heroin use nearly doubled from 2003 to 2013, while deaths from heroin have quadrupled. All this highlights the continuing conflicts and contradictions in public attitudes and public policy toward illegal substances. Congress and a new administration should consider the long- range implications of these trends for public health and safety and prepare to deal with the problematic consequences.

The misuse of prescription painkillers — opioids — is a related problem. Heroin and opioid abuse touches our communities, our homes, and our families in ways that have grave effects on Americans in every community. With a quadrupling of both their sales and their overdose deaths, the opioid crisis is ravaging communities all over the country, often hitting rural areas harder than urban. Because over-prescription of drugs is such a large part of the problem, Republican legislation now allows Medicare Part D and Medicare Advantage plans to limit patients to a single pharmacy. Congressional Republicans have also called upon the Centers for Medicare and Medicaid Services to ensure that no physician will be penalized for limiting opioid prescriptions. We look for expeditious agreement between the House and Senate on the Comprehensive Addiction and Recovery Act, which addresses the opioid epidemic from both the demand and supply sides of the problem.

That’s it. The entire section on drug policy.

Drugs are, however, mentioned again in a couple of other places (veterans and Mexico), again fairly cluelessly…

Over-prescription of opioids has become a nationwide problem hindering the treatment of veterans suffering from mental health issues. We therefore support the need to explore new and broader ranges of options, including faith- based programs, that will better serve the veteran and reduce the need to rely on drugs as the sole treatment. […]

We thank our neighbors in Mexico and Canada who have been our partners in the fight against terrorism and the war on drugs. The Mexican people deserve our assistance as they bravely resist the drug cartels that traffic in death on both sides of our border.

Not much to get excited about, that’s for sure.

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