2016 presidential candidates on the Constitution

2016 Presidential Election Date: November 8, 2016

Candidates Winner: Donald Trump (R) Hillary Clinton (D) • Jill Stein (G) • Gary Johnson (L) • Vice presidential candidates

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This page was current as of the 2016 election.

Drafted in 1787, the U.S. Constitution was in many ways a major presidential campaign issue in 2016.

The 2016 presidential candidates had different interpretations of the rights and freedoms guaranteed by the First and Second Amendments. They also had contrasting views of related issues such as discrimination on the basis of religion, sexual orientation, and gender identity.

Read below what the 2016 candidates and their respective party platforms said about Constitutional rights below.

Interested in reading more about the 2016 candidates' stances on issues related to Constitutional rights? Ballotpedia also covered what the candidates said about civil liberties, crime and justice, Black Lives Matter, and transgender restroom access.

OVERVIEW OF CANDIDATE POSITIONS

Hillary Clinton said she would consider an amendment to overturn the Citizens United holding that said the First Amendment right to free speech applies to corporations. She also expressed support for gun control and said that she believed Religious Freedom Restoration Acts (RFRAs) discriminated against LGBT individuals.

Donald Trump asserted that religious freedom and nondiscrimination aren't “mutually exclusive.” He opposed gun-free zones and was endorsed by the NRA.

Jill Stein called for an assault weapons ban and regulations to keep guns out of the hands of criminals and individuals with mental illness. She also expressed support for repealing the Patriot Act.

Gary Johnson strongly advocated for shielding individual rights and personal freedoms from government control and said that he viewed discrimination on the basis of religion as harmful. He also expressed support for the separation of church and state and rejected the idea that restricting gun sales makes us safer.

Democratic ticket[edit]

Hillary Clinton[edit]

First Amendment to the U.S. Constitution[edit]

See also: 2016 presidential candidates on the Religious Freedom Restoration Act

• On August 10, 2016, Clinton published an op-ed in the Utah newspaper Deseret News in which she sought to appeal to Mormon voters in the state by highlighting her record on religious freedom. “I’ve been fighting to defend religious freedom for years. As secretary of state, I made it a cornerstone of our foreign policy to protect the rights of religious minorities around the world — from Coptic Christians in Egypt to Buddhists in Tibet. And along with Jon Huntsman, our then-ambassador in Beijing, I stood in solidarity with Chinese Christians facing persecution from their government,” wrote Clinton.^[1]

• In a video played at Netroots, a convention for progressive activists, Hillary Clinton pledged to introduce a constitutional amendment that would overturn Citizens United in the first 30 days of her administration. She also said she would push for stricter requirements for the disclosure of political spending.^[2]

• In July 2014, Clinton said she would consider an amendment to overturn the Citizens United decision by the Supreme Court. She explained, "I would consider supporting an amendment along these lines. That would prevent the abuse of our political system by excessive amounts of money if there is no other way to deal with the Citizens United decision."^[3]

• Clinton disagreed with the Supreme Court’s ruling in the Hobby Lobby case. She said, “It’s the first time that our court has said that a closely held corporation has the rights of a person when it comes to religious freedom, which means the corporation’s … [‘closely held’] employers can impose their religious beliefs on their employees, and, of course, denying women the right to contraceptives as part of a health care plan is exactly that. I find it deeply disturbing that we are going in that direction.”^[4]

Religious Freedom Restoration Act (RFRA)[edit]

• On April 1, 2015, Hillary Clinton posted the following tweet in response to Arkansas' SB 975, a bill similar to Indiana's Religious Freedom Restoration Act:

• After Indiana Gov. Mike Pence signed the state's Religious Freedom Restoration Act on March 26, 2015, Clinton tweeted, "Sad this new Indiana law can happen in America today. We shouldn't discriminate against ppl bc of who they love #LGBT."^[5]

Second Amendment to the U.S. Constitution[edit]

• In the third and final presidential debate on October 19, 2016, Hillary Clinton said "that there can be and must be reasonable regulation" of gun ownership. She continued, "I think we need comprehensive background checks, need to close the online loophole, close the gun show loophole. There's other matters that I think are sensible that are the kind of reforms that would make a difference that are not in any way conflicting with the Second Amendment. You mentioned the Heller decision. And what I was saying that you referenced, Chris, was that I disagreed with the way the court applied the Second Amendment in that case, because what the District of Columbia was trying to do was to protect toddlers from guns and so they wanted people with guns to safely store them. And the court didn't accept that reasonable regulation, but they've accepted many others. So I see no conflict between saving people's lives and defending the Second Amendment."^[6]

• In an interview with The Huffington Post on June 15, 2016, Clinton discussed the Orlando shooter and restricting access to guns for individuals on the no-fly list. Clinton said, “He was investigated three times by the FBI, and it is important that we take into account the easy access to these weapons of war. They should not be on our street. And it is something that we have got to address. And it is not only blocking suspected terrorists from buying guns. It is clear that if you are too dangerous to fly on a plane, you are too dangerous to buy a gun. And we have got to tighten up our provisions.”^[7]

• During a speech at the Cleveland Industrial Innovation Center on June 13, 2016, Clinton said that there should be tighter regulations governing who can purchase guns. “I believe weapons of war have no place on our streets and we may have our disagreements about gun safety regulations, but we should all be able to agree on a few essential things. If the FBI is watching you for a suspected terrorist link, you shouldn’t be able to just go buy a gun with no questions asked,” she said.^[8][9]

• Clinton participated in a panel discussion of gun violence in New York on April 11, 2016. She challenged Bernie Sanders’ position on gun control and gun safety in rural Vermont. She said, “Most of the guns that are used in crimes and violence and killings in New York come from out of state. And the state that has the highest per capita number of those guns that end up committing crimes in New York come from Vermont.” She continued, “So this is not, 'Oh, you know, I live in a rural state, we don’t have these problems. … It’s easy to cross borders. Criminals, domestic abusers, traffickers, people who are dangerously mentally ill — they cross borders, too. And sometimes they do it to get the guns they use. This has to become a voting issue for those of us who want to save lives.”^[10]

• On March 27, 2016, The New York Daily News published an op-ed by Clinton on gun control reform. In addition to calling for the repeal of gun industry liability protections, implementing comprehensive background checks, and closing the Charleston loophole, Clinton also addressed Donald Trump’s and Ted Cruz’s positions on gun control.^[11]

• At the seventh Democratic debate on March 6, 2016, Clinton discussed holding firearms distributors legally responsible for how their product is used: “I also believe, so strongly Gene (ph), that giving immunity to gunmakers and sellers was a terrible mistake. Because it removed any accountability from the makers and the sellers. And it also disrupted what was a very promising legal theory, to try to get makers to do more to make guns safer for example. To try to give sellers more accountability for selling guns when they shouldn’t have. So that is an issue that Senator Sanders and I differ on, I voted against giving them immunity, but I think we should very seriously move to repeal that and go back to making sure gun makers and sellers are like any other business. They can be held accountable.”^[12]

• The Brady Campaign to Prevent Gun Violence praised Hillary Clinton’s commitment to gun reform on February 3, 2016. President Dan Gross said, “Hillary Clinton is not only a long-time champion of the life-saving Brady law, she has made gun violence prevention a centerpiece of her campaign.” He added, “Bernie Sanders didn’t even mention the epidemic of gun violence last night, perhaps because – after voting against the Brady Bill five times and for PLCAA [Protection of Lawful Commerce in Arms Act] twice – he has been on the wrong side of this issue for so long.”^[13]

• After President Obama announced his executive actions to prevent gun violence, Clinton, on January 5, 2016, tweeted: “Thank you, @POTUS, for taking a crucial step forward on gun violence. Our next president has to build on that progress—not rip it away.”^[14]

• In an MSNBC interview January 5, 2016, Clinton said, “There needs to be a rival organization to the NRA [National Rifle Association] of responsible gun owners who know that their hunting rights, their shooting rights, their collection rights … all of that is not going to be affected. So I’m going to keep beating the drum, and I’m delighted that the president announced the actions he did today.”^[15]

• During a speech at the University of Minnesota-Minneapolis on December 15, 2015, Clinton proposed instituting gun control measures to keep potential terrorists from purchasing guns. She said, "Terrorists use guns to kill Americans. I think we should make it harder for them from to do that. ...It defies common sense that Republicans in Congress refuse to make it harder for potential terrorists to buy guns."^[16]

• On December 6, 2015, Clinton criticized Liberty University President Jerry Falwell for saying “that if more good people had concealed-carry permits, then we could end those Muslims before they walked in and killed them.” Falwell later clarified that he meant terrorists, not all Muslims. Clinton said, “This is the kind of deplorable, not only hateful, response to a legitimate security issue but it is giving aid and comfort to ISIS and other radical jihadists.”^[17]

• While discussing the shooting at a Colorado Planned Parenthood and the terrorist attacks in Paris at the New Hampshire Democratic Party's annual Jefferson-Jackson dinner on November 29, 2015, Clinton criticized Republicans for not considering gun control measures. She said, “This is truly unbelievable, that after what we’ve seen in Paris and other places, Republicans will not bring up a bill that will prohibit anyone on the no-fly list from buying a gun in America. If you are too dangerous to fly in America, you are too dangerous to buy a gun in America. How many more Americans need to die before we take action?”^[18]

• Clinton's campaign released an ad November 3, 2015, that called for increased gun control laws and promising to make the issue a central part of her campaign that can compete with the National Rifle Association. The ad came as she has sought to use the issue to distinguish herself from Bernie Sanders.^[19]

• During the first Democratic debate, October 13, 2015, Clinton criticized Sanders for voting against the gun control law known as the Brady bill. Clinton said, “Senator Sanders did vote five times against the Brady bill. Since it was passed, more than 2 million prohibited purchases have been prevented. He also did vote, as he said, for this immunity provision. I voted against it. I was in the Senate at the same time. It wasn't that complicated to me. It was pretty straightforward to me that he was going to give immunity to the only industry in America. Everybody else has to be accountable, but not the gun manufacturers. And we need to stand up and say: Enough of that. We're not going to let it continue.”^{[20] [21]}

• In a town hall on October 7, 2015, Clinton compared the National Rifle Association (NRA) to Iranians and communists. “The NRA tries to keep gun owners — the ones who are members — really upset all the time so they can keep collecting their money, because they tell them they’re the only thing that’s going to stop the black helicopters from landing in the front yard and people’s guns being seized. That’s the argument they make. And it works with some people and it has turned a lot of people into absolutists themselves,” she said.^[22]

• According to NPR in October 2015, Clinton's gun control platform included “pledging to act through executive action to close the gun-show loophole, tightening Internet gun sales, if Congress doesn't act, repealing a law that shields gun manufacturers from certain lawsuits, closing the ‘Charleston loophole,’ [and] prohibiting domestic abusers from being able to buy and possess firearms.”^[23]

• After two Virginia journalists were murdered on live television on August 26, 2015, Clinton pledged to address gun violence. "We have got to do something about gun violence in America. I will take it on. There are many people who face it and know it, but then turn away because it’s hard. It’s a very political, difficult issue in America, but I believe we are smart enough, we are compassionate enough, to figure out how to balance the legitimate Second Amendment rights with preventive measures and control measures so that whatever motivated this murderer, who eventually took his own life, we will not see more deaths — needless, senseless deaths,” Clinton said at a campaign stop in Iowa. She added, “I want to reiterate how important it is to not let yet another terrible instance go by without trying to do something more to prevent this incredible killing that is stalking our country.”^[24][25]

• On June 18, 2015, the day after the Charleston church shooting, Clinton said, "How many innocent people in our country -- from little children, church members, to movie theater attendees -- how many people do we need to see cut down before we act? So as we mourn and as our hearts break a little more, and as we send this message of solidarity that we will not forsake those who have been victimized by gun violence, this time we have to find answers together."^[26]

• According to the New York Daily News, in 2009 Clinton "called for a new assault weapon ban in the U.S. on Thursday in hopes of cutting off arms flowing to Mexican drug gangs."^[27]

• During her 2008 presidential campaign, Clinton positioned herself as supportive of gun rights. During a speech she said, “I disagree with Senator Obama’s assertion that people in our country cling to guns and have certain attitudes about immigration or trade simply out of frustration."^[28]

• In 2006, the National Rifle Association gave Clinton an "F" rating.^[29]

Voting rights[edit]

• In an op-ed about democracy and voting accessibility posted to CNN.com on January 21, 2016, Hillary Clinton said that she would fight for a constitutional amendment to repeal Citizens United, if necessary. She added that she would restore and expand the Voting Rights Act. “All Americans should be automatically registered to vote on their 18th birthdays, unless they opt out. Every state should have at least 20 days of early in-person voting. And no one should ever have to wait more than 30 minutes to cast a ballot,” she wrote.^[30]

• In November 2000, Clinton argued that the electoral college should be eliminated and replaced with the national popular vote. She said, "We are a very different country than we were 200 years ago. I believe strongly that in a democracy, we should respect the will of the people and to me, that means it's time to do away with the Electoral College and move to the popular election of our president."^[31]
• Read more of Hillary Clinton's public statements 2016 campaign issues.

The 2016 Democratic Party Platform on Constitutional rights

“ Guaranteeing Civil Rights Democrats will always fight to end discrimination on the basis of race, ethnicity, national origin, language, religion, gender, age, sexual orientation, gender identity, or disability. We need to promote civility and speak out against bigotry and other forms of intolerance that have entered our political discourse. It is unacceptable to target, defame, or exclude anyone because of their race, ethnicity, national origin, language, religion, gender, age, sexual orientation, gender identity, or disability. While freedom of expression is a fundamental constitutional principle, we must condemn hate speech that creates a fertile climate for violence. We condemn Donald Trump’s demonization of prisoners of war, women, Muslims, Mexicans, and people with disabilities; his playing coy with white supremacists; and the climate of bigotry he is creating. We also condemn the recent uptick in other forms of hate speech, like anti-Semitism and Islamophobia. Guaranteeing Women’s Rights We are committed to ensuring full equality for women. Democrats will fight to end gender discrimination in the areas of education, employment, health care, or any other sphere. We will combat biases across economic, political, and social life that hold women back and limit their opportunities and also tackle specific challenges facing women of color. After 240 years, we will finally enshrine the rights of women in the Constitution by passing the Equal Rights Amendment. And we will urge U.S. ratification of the Convention on the Elimination of All Forms of Discrimination Against Women. ... Fixing Our Broken Campaign Finance System Democrats believe we must fight to preserve the essence of the longest standing democracy in the world: a government that represents the American people, not just a handful of powerful and wealthy special interests. We will fight for real campaign finance reform now. Big money is drowning out the voices of everyday Americans, and we must have the necessary tools to fight back and safeguard our electoral and political integrity. Democrats support a constitutional amendment to overturn the Supreme Court’s decisions in Citizens United and Buckley v. Valeo. We need to end secret, unaccountable money in politics by requiring, through executive order or legislation, significantly more disclosure and transparency—by outside groups, federal contractors, and public corporations to their shareholders. We need to amplify the voices of the American people through a small donor matching public financing system. We need to overhaul and strengthen the Federal Election Commission so that there is real enforcement of campaign finance laws. And we need to fight to eliminate super PACs and outside spending abuses. Our vision for American democracy is a nation in which all people, regardless of their income, can participate in the political process and can run for office without needing to depend on large contributions from the wealthy and the powerful.[32] ” —2016 Democratic Party Platform[33]

The 2016 Democratic Party Platform on gun control

“ Preventing Gun Violence With 33,000 Americans dying every year, Democrats believe that we must finally take sensible action to address gun violence. While responsible gun ownership is part of the fabric of many communities, too many families in America have suffered from gun violence. We can respect the rights of responsible gun owners while keeping our communities safe. To build on the success of the lifesaving Brady Handgun Violence Prevention Act, we will expand and strengthen background checks and close dangerous loopholes in our current laws; repeal the Protection of Lawful Commerce in Arms Act (PLCAA) to revoke the dangerous legal immunity protections gun makers and sellers now enjoy; and keep weapons of war—such as assault weapons and large capacity ammunition magazines (LCAM's)—off our streets. We will fight back against attempts to make it harder for the Bureau of Alcohol, Tobacco, Firearms, and Explosives to revoke federal licenses from law breaking gun dealers, and ensure guns do not fall into the hands of terrorists, intimate partner abusers, other violent criminals, and those with severe mental health issues. There is insufficient research on effective gun prevention policies, which is why the U.S. Centers for Disease Control and Prevention must have the resources it needs to study gun violence as a public health issue.[32] ” —2016 Democratic Party Platform[34]

Tim Kaine[edit]

• Introducing Tim Kaine as her 2016 running mate, Hillary Clinton told a crowd in Miami, Florida, "During law school, when his fellow classmates were taking internships at prestigious law firms, he took time off to work with missionaries in Honduras. And after he graduated from Harvard Law School, he could have done anything, but instead he chose to become a civil rights lawyer. One of his first cases was a pro bono case representing a woman who was denied an apartment because she was African American. So while Tim was taking on housing discrimination and homelessness, Donald Trump was denying apartments to people who were African American."^[35]

First Amendment to the U.S. Constitution[edit]

• During an interview on MSNBC's Morning Joe on June 15, 2016, Kaine told Mike Barnicle, "You guys are big believers in the First Amendment. You're journalists. But you can't just casually libel and slander people without there being a consequence. Every right in the Constitution is subject to some reasonable rules and regulation."^[36]

• Kaine co-sponsored the Protect Women’s Health From Corporate Interference Act of 2014 in response to the U.S. Supreme Court's Hobby Lobby decision. The bill's co-sponsors said the justices misconstrued Congress' intent in the Religious Freedom Restoration Act of 1993. "The Hobby Lobby case held that certain companies could deny women contraceptive coverage for religious reasons while also citing that religious objections could not be used to bar coverage for other conditions," Kaine said in a statement. "Contraception is an important preventive health service which has been constitutionally protected since the 1960s, but the Court has now made it fair game for corporate interference. This legislation will protect women's health choices.”^[37]

Second Amendment to the U.S. Constitution[edit]

• During the vice presidential debate on October 4, 2016, moderator Elaine Quijano asked Kaine to respond to a question about law enforcement and race relations. In his answer, Kaine also addressed gun ownership and gun control. He said, "I'm a gun-owner. I'm a strong Second Amendment supporter. But I've got a lot of scar tissue, because when I was governor of Virginia, there was a horrible shooting at Virginia Tech, and we learned that through that painful situation that gaps in the background record check system should have been closed and it could have prevented that crime, and so we're going to work to do things like close background record checks. And if we do, we won't have the tragedies that we did."^[38]

• Kaine supported and joined the sit-in on the floor of the U.S. House of Representatives on June 22, 2016, aimed at forcing a vote on gun control measures. Kaine described the second morning of the sit-in on CNN: "It was pretty amazing. They had shut the cameras off. They had shut the microphones off. And we were sitting in." Kaine also said, "It was a real team-building exercise. We felt the same way when we did the filibuster in the Senate last week. We went on the floor to say it’s time for meaningful reform because we cared about the issue, but what we found was being on the floor together made us feel stronger, made us feel like we were doing what our constituents want us to do and made us feel like we were inching closer to the day when we break the grip of gun manufacturers on Congress and embrace reasonable safety reforms."^[39]

• On June 15, 2016, during a filibuster on the Senate floor that lasted more than 15 hours, Kaine pushed for legislative action to combat gun violence. Reflecting on how Virginia has been affected by gun violence, Kaine said, “We’ve got scar tissue in my Commonwealth, we’ve got scar tissue in this country and we’ve got scar tissue personally. And after every one of these instances, we resolve to be better, we resolve to do more. Yet why do we continue to be passive?” He continued, “In this body we don’t have to be heroes, we just have to not be bystanders. That is all we have to do, stop being bystanders and cast a vote.”^[40]
  • Kaine expressed support for a "comprehensive approach to curbing gun violence, including the expansion of mental health services, background record checks prior to gun purchases and responsible limits on combat-style weapons and high-capacity magazines."^[40]

• Discussing gun safety measures and the National Rifle Association (NRA) in an interview on MSNBC on June 15, 2016, Kaine said, "[T]his is all about lack of backbone. I live in the state where the NRA has its headquarters. And every time I run they give me an F and they spend millions of dollars and they campaign against me. I've never lost a race. I could lose the next one. But if they were that strong, I would have lost one already. You've got to stand up and say the Second Amendment is like the First Amendment. You guys are big believers in the First Amendment. You're journalists. But you can't just casually libel and slander people without there being a consequence. Every right in the Constitution is subject to some reasonable rules and regulation. Most of gun owners in this country, most NRA members support background record checks, and so we need to do that so we can keep guns out of the hands of people who are going to use them to produce carnage either on others or on themselves."^[41]
• Read more of Tim Kaine's public statements on 2016 campaign issues.

Republican ticket[edit]

Donald Trump[edit]

• At a campaign event in Colorado on October 19, 2016, Trump announced plans to propose a constitutional amendment on term limits for members of Congress. Trump said, “If I’m elected president I will push for a constitutional amendment to impose term limits on all members of Congress.” Trump added at another event in Colorado that his plan included a six-year limit (three terms) for members of the House and a 12-year limit (two terms) for members of the Senate.^[42]

First Amendment to the U.S. Constitution[edit]

• On September 9, 2016, Trump spoke at the 2016 Values Voters Summit, a gathering of social conservatives and Christian voters. He said, “[In] a Trump administration, our Christian heritage will be cherished, protected, defended like you have never seen before. Believe me. And that includes religious liberty.” He also spoke about the Johnson Amendment, which prohibits tax-exempt organizations from supporting or opposing political candidates. Trump said, “The Johnson Amendment has blocked our pastors and ministers and others from speaking their minds from their own pulpits. If they want to talk about Christianity, if they want to preach, if they want to talk about politics, they’re unable to do so. … If they want to, they take a tremendous risk: that they lose their tax-exempt status. If I become president, we’re going to knock out the Johnson amendment.”^[43]

• When asked by Fox Business’ Stuart Varney on October 21, 2015, if the U.S. should adopt the British proposal to close mosques to combat Islamic extremism, Donald Trump said, “Absolutely. I think it’s great.” Varney then questioned if such a policy would be possible in the U.S. due to “religious freedom.” Trump said, “Well, I don’t know. I mean, I haven’t heard about the closing of the mosque. It depends, if the mosque is, you know, loaded for bear, I don’t know. You’re going to have to certainly look at it.”^[44]

• In September 2015, Trump called the detention of Kim Davis, a Kentucky county clerk who refused to issue marriage licenses to same-sex couples, a “messy situation.” He said, “I hated that and now she’s out. But I must tell you that, you know, we are a land of laws — I would like to see her get a different job or at least let the clerks do that particular work. We are…in a position that’s been a terrible situation that’s taken place out there, and I understand both sides of the argument. And I embrace both sides of the argument. … You can embrace both sides of an argument.”^[45]

• Trump claimed in a May 2015 interview that if he were elected president, he would "be the greatest representative of the Christians they've had in a long time."^[46]

• In May 2015, Trump denounced the "Draw the Prophet" contest Pamela Geller organized, saying, "This is taunting. And all it does is cause trouble."^[47]

Religious Freedom Restoration Act (RFRA)[edit]

• When asked about the Indiana's Religious Freedom and Restoration Act in April 2015, Trump responded that Indiana Governor Mike Pence "didn't do a good job. He wasn't clear in what he said." Trump then asserted that religious freedom and nondiscrimination aren't "mutually exclusive."^[48]

Second Amendment to the U.S. Constitution[edit]

• Donald Trump tweeted on June 15, 2016, that he planned to meet with the National Rifle Association (NRA) to discuss “not allowing people on the terrorist watch list, or the no fly list, to buy guns.” The NRA’s Institute for Legislative Action responded in a statement that it would be “happy to meet with Donald Trump” and that it “believes that terrorists should not be allowed to purchase or possess firearms, period.”^[49][50]

• The National Rifle Association (NRA) endorsed Donald Trump on May 20, 2016. Chris Cox, executive director of the NRA, said in a statement, “If Hillary Clinton gets the opportunity to replace Antonin Scalia with an anti-gun Supreme Court justice, we will lose the individual right to keep a gun in the home for self-defense. … So the choice for gun owners in this election is clear. And that choice is Donald Trump.” During his speech at the NRA-ILA forum in Kentucky on May 20, 2016, Trump made a similar allegation, stating that Clinton “wants to abolish the Second Amendment.”^[51]
  • Clinton responded to Trump on May 21, 2016, calling his policy to eliminate gun-free zones in schools “dangerous.” She continued, “Parents, teachers and schools should have the right to keep guns out of classrooms. Just like Donald Trump does at many of his hotels by the way.”^[52]
  • Trump partially denied the charge on May 22, 2016, during an interview. “I don’t want to have guns in classrooms. Although, in some cases, teachers should have guns in classrooms,” he said.^[53]
  • Trump clarified on May 23, 2016, that he supported “school resource officers” and trained teachers carrying guns in schools. He said, “The problem with gun-free zones is it's like offering up candy to bad people. They hear gun-free zones and they go in there with their guns blazing." He maintained his criticism of gun-free zones, but backed away from his call to eliminate all gun-free zones in schools. Instead he said, they would only be eliminated "in some cases."^[54]

• During the sixth Republican presidential primary debate, on January 14, 2016, Donald Trump discusses his position on the Second Amendment. He said “I am a Second amendment person. If we had guns in California on the other side where the bullets went in the different direction, you wouldn't have 14 or 15 people dead right now. If even in Paris, if they had guns on the other side, going in the opposite direction, you wouldn't have 130 people plus dead. So the answer is no and what Jeb said is absolutely correct. We have a huge mental health problem in this country. We're closing hospitals, we're closing wards, we're closing so many because the states want to save money. We have to get back into looking at what's causing it. The guns don't pull the trigger. It's the people that pull the trigger and we have to find out what is going on. We have to protect our 2nd amendment and you cannot do this and certainly what Barack Obama was doing with the executive order. He doesn't want to get people together, the old-fashioned way, where you get Congress. You get the Congress, you get the Senate, you get together, you do legislation. He just writes out an executive order. Not supposed to happen that way.”^[55]

• Trump said during a campaign rally in Vermont on January 7, 2016, night that he would end gun-free zones at schools and military sites. "I will get rid of gun-free zones on schools — you have to — and on military bases on my first day. It gets signed my first day,” Trump pledged. He added, "You know what a gun-free zone is to a sicko? That's bait."^[56]

• In an interview on CNN on January 4, 2016, Trump said of President Obama’s use of executive authority to expand background checks on gun buyers, “Pretty soon you won't be able to get guns. It's another step in the way of not getting guns.”^[57]

• Trump said in a statement to Breitbart on November 18, 2015, that concealed carry permit holders have an obligation to be armed. He wrote, “Carrying a weapon is not always feasible or appropriate. However, given the increased tensions that are the result of continued, escalating terrorism around the world, more legitimately armed individuals on the streets is a positive outcome. … I will carry more often than I have in the past, and I am sure other concealed permit holders will do the same. Do we have an obligation to carry? The answer is ‘yes,’ but we must do it in such a way as to raise serious doubts in the minds of those who might be considering violence in America. Deterring violence is far better than dealing with the aftermath of an act of terror. Less blood, more security. That is what will make America great again.”^[58]

• Trump said on November 14, 2015, that strict gun control laws in France led to more deaths in the Paris terrorist attacks. “You can say what you want, but if they had guns -- if our people had guns, if they were allowed to carry -- it would have been a much, much different situation. I hear it all the time, you know. You look at certain cities that have the highest violence, the highest problem with guns and shootings and killings -- Chicago is an example, toughest gun laws in the United States, nothing but problems. So our country better get smart because we're not smart right now,” he said.^[59]

• At the third Republican debate, Trump said that he opposes gun-free zones. Trump noted, "I feel that the gun-free zones and, you know, when you say that, that's target practice for the sickos and for the mentally ill. That's target. They look around for gun-free zones. You know, we could give you another example -- the Marines, the Army, these wonderful six soldiers that were killed. Two of them were among the most highly decorated -- they weren't allowed on a military base to have guns. And somebody walked in and shot them, killed them. If they had guns, he wouldn't be around very long. I can tell you, there wouldn't have been much damage. So, I think gun-free zones are a catastrophe. They're a feeding frenzy for sick people."^[60]

• In an interview on CBS’ “Face the Nation” on October 11, 2015, Trump said he “sometimes” carries a gun. “I feel much better being armed,” he said.^[61]

• Trump suggested on October 4, 2015, that a mass shooting at an Oregon community college would have had fewer casualties if more people were armed. He said, “I can make the case that if there were guns in that room other than [the shooter's], fewer people would have died. Fewer people would have been so horribly injured.” He also pointed to mental illness and “copycat” behavior as causes of such violent incidents.^[62]

• In an April 2015 interview with Breitbart, Trump said, "It is so important that we maintain the Second Amendment and that we maintain it strongly. And one of the main reasons is because the good people, the upstanding people, follow laws and norms but the bad ones don’t. So if the Second Amendment weren’t there to protect our rights and someone tampered with them, the good people would be affected but the bad people wouldn’t care–they couldn’t care less. It is absolutely imperative that we maintain the Second Amendment in its strongest form." Trump also pointed to Chicago and New York to note "the areas that are most heavily restricted have the most crime."^[63]

• Trump suggested the 2012 movie theater shooting in Aurora, Colorado and the 2015 attack on Charlie Hebdo's Paris office could have had better outcomes if some of the victims had guns.^[63][64]

• In 2000, Trump declared in his book, The America We Deserve, "I generally oppose gun control, but I support the ban on assault weapons and I support a slightly longer waiting period to purchase a gun. With today’s Internet technology we should be able to tell within 72-hours if a potential gun owner has a record." Trump also suggested it was wrong that Democrats "want to confiscate all guns" and Republicans "refuse even limited restrictions."^[65]

Fourth Amendment to the U.S. Constitution[edit]

• Donald Trump called for a boycott of Apple on February 19, 2016, to put pressure on the company to cooperate with the government, which wants Apple's help to hack into the the iPhone of one of the San Bernardino, Calif., shooters. "Boycott Apple until such time as they give that information," Trump said at a campaign event in South Carolina. "Apple ought to give the security for that phone, OK. What I think you ought to do is boycott Apple until such a time as they give that security number. How do you like that? I just thought of it. Boycott Apple," Trump said. Apple argued against cooperating with the government in a February 16, 2016, open letter citing concerns that the move would render all iPhones vulnerable by creating a master key that would be able to open other phones.^[66]

• Trump said on February 17, 2016, that Apple should follow the court order requiring it to aid the U.S. government in hacking the iPhone of one of the San Bernardino, Calif., shooters. “To think that Apple won't allow us to get into her cell phone -- who do they think they are? No, we have to open it up,” he said. Apple argued that giving the government the ability to access the phone would render all iPhones vulnerable. "The implications of the government’s demands are chilling," Apple CEO Tim Cook said in a statement. "The government suggests this tool could only be used once, on one phone. But that’s simply not true. Once created, the technique could be used over and over again, on any number of devices. In the physical world, it would be the equivalent of a master key, capable of opening hundreds of millions of locks -- from restaurants and banks to stores and homes."^[67]

• According to a May 2015 article in The Daily Signal, Trump suggested the National Security Agency (NSA) should be allowed to continue its surveillance with "proper oversight." Trump said, "I support legislation which allows the NSA to hold the bulk metadata. For oversight, I propose that a court, which is available any time on any day, is created to issue individual rulings on when this metadata can be accessed."^[68]

• Although Trump criticized Edward Snowden for leaking information on the National Security Agency's surveillance program in a June 2013 interview with CNN's Piers Morgan , he acknowledged people want both privacy and national security. Trump questioned, "You know, where do they stop? How far do they go? What kind of power do they have? So it is a point of view and some very conservative people feel that way and some, frankly, very liberal people. I mean, we're looking at a lot of people are concerned about how far are they going to go."^[69]
• Read more of Donald Trump's public statements 2016 campaign issues.

The 2016 Republican Party Platform on the Constitution

“ The First Amendment: Religious Liberty The Bill of Rights lists religious liberty, with its rights of conscience, as the first freedom to be protected. Religious freedom in the Bill of Rights protects the right of the people to practice their faith in their everyday lives. As George Washington taught, “religion and morality are indispensable supports” to a free society. Similarly, Thomas Jefferson declared that “No provision in our Constitution ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority.” Ongoing attempts to compel individuals, businesses, and institutions of faith to transgress their beliefs are part of a misguided effort to undermine religion and drive it from the public square. As a result, many charitable religious institutions that have demonstrated great success in helping the needy have been barred from receiving government grants and contracts. Government officials threaten religious colleges and universities with massive fines and seek to control their personnel decisions. Places of worship for the first time in our history have reason to fear the loss of tax-exempt status merely for espousing and practicing traditional religious beliefs that have been held across the world for thousands of years, and for almost four centuries in America. We value the right of America’s religious leaders to preach, and Americans to speak freely, according to their faith. Republicans believe the federal government, specifically the IRS, is constitutionally prohibited from policing or censoring speech based on religious convictions or beliefs, and therefore we urge the repeal of the Johnson Amendment. We pledge to defend the religious beliefs and rights of conscience of all Americans and to safeguard religious institutions against government control. We endorse the First Amendment Defense Act, Republican legislation in the House and Senate which will bar government discrimination against individuals and businesses for acting on the belief that marriage is the union of one man and one woman. This Act would protect the non-profit tax status of faith-based adoption agencies, the accreditation of religious educational institutions, the grants and contracts of faith-based charities and small businesses, and the licensing of religious professions — all of which are under assault by elements of the Democratic Party. We encourage every state to pass similar legislation. We likewise endorse the efforts of Republican state legislators and governors who have defied intimidation from corporations and the media in defending religious liberty. We support laws to confirm the longstanding American tradition that religious individuals and institutions can educate young people, receive government benefits, and participate in public debates without having to check their religious beliefs at the door. Our First Amendment rights are not given to us by the government but are rights we inherently possess. The government cannot use subsequent amendments to limit First Amendment rights. The Free Exercise Clause is both an individual and a collective liberty protecting a right to worship God according to the dictates of conscience. Therefore, we strongly support the freedom of Americans to act in accordance with their religious beliefs, not only in their houses of worship, but also in their everyday lives. We support the right of the people to conduct their businesses in accordance with their religious beliefs and condemn public officials who have proposed boycotts against businesses that support traditional marriage. We pledge to protect those business owners who have been subjected to hate campaigns, threats of violence, and other attempts to deny their civil rights. We support the public display of the Ten Commandments as a reflection of our history and our country’s Judeo-Christian heritage and further affirm the rights of religious students to engage in voluntary prayer at public school events and to have equal access to school facilities. We assert the First Amendment right of freedom of association for religious, private, service, and youth organizations to set their own membership standards. The First Amendment: Constitutionally Protected Speech The rights of citizenship do not stop at the ballot box. Freedom of speech includes the right to devote resources to whatever cause or candidate one supports. We oppose any restrictions or conditions that would discourage citizens from participating in the public square or limit their ability to promote their ideas, such as requiring private organizations to publicly disclose their donors to the government. Limits on political speech serve only to protect the powerful and insulate incumbent officeholders. We support repeal of federal restrictions on political parties in McCain-Feingold, raising or repealing contribution limits, protecting the political speech of advocacy groups, corporations, and labor unions, and protecting political speech on the internet. We likewise call for an end to the so-called Fairness Doctrine, and support free-market approaches to free speech unregulated by government. We believe the forced funding of political candidates through union dues and other mandatory contributions violates the First Amendment. Just as Americans have a First Amendment right to devote resources to favored candidates or views, they have a First Amendment right not to be forced to individually support individuals or ideologies that they oppose. We agree with Thomas Jefferson that “To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors is sinful and tyrannical.” The Second Amendment: Our Right to Keep and Bear Arms We uphold the right of individuals to keep and bear arms, a natural inalienable right that predates the Constitution and is secured by the Second Amendment. Lawful gun ownership enables Americans to exercise their God-given right of self-defense for the safety of their homes, their loved ones, and their communities. We salute the Republican Congress for defending the right to keep and bear arms by preventing the President from installing a new liberal majority on the Supreme Court. The confirmation to the Court of additional anti-gun justices would eviscerate the Second Amendment’s fundamental protections. Already, local officials in the nation’s capital and elsewhere are defying the Court’s decisions upholding an individual right to bear arms as affirmed by the Supreme Court in Heller and McDonald. We support firearm reciprocity legislation to recognize the right of law-abiding Americans to carry firearms to protect themselves and their families in all 50 states. We support constitutional carry statutes and salute the states that have passed them. We oppose ill-conceived laws that would restrict magazine capacity or ban the sale of the most popular and common modern rifle. We also oppose any effort to deprive individuals of their right to keep and bear arms without due process of law. We condemn frivolous lawsuits against gun manufacturers and the current Administration’s illegal harassment of firearm dealers. We oppose federal licensing or registration of law-abiding gun owners, registration of ammunition, and restoration of the ill-fated Clinton gun ban. We call for a thorough investigation — by a new Republican administration — of the deadly “Fast and Furious” operation perpetrated by Department of Justice officials who approved and allowed illegal sales of guns to known violent criminals. The Tenth Amendment: Federalism as the Foundation of Personal Liberty Federalism is a cornerstone of our constitutional system. Every violation of state sovereignty by federal officials is not merely a transgression of one unit of government against another; it is an assault on the liberties of individual Americans. Hence the promise of the Tenth Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the States respectively, or to the people.” The Constitution gives the federal government very few powers, and they are specifically enumerated; the states and the people retain authority over all unenumerated powers. In obedience to that principle, we condemn the current Administration’s unconstitutional expansion into areas beyond those specifically enumerated, including bullying of state and local governments in matters ranging from voter identification (ID) laws to immigration, from healthcare programs to land use decisions, and from forced education curricula to school restroom policies. We pledge to restore the proper balance and vertical separation of powers between the federal government and state governments — the governments closest to, and most reflective of, the American people. We encourage states to reinvigorate their traditional role as the laboratories of democracy, propelling the nation forward through local and state innovation. Big government undermines federalism through more than 1,100 grants-in-aid programs that consume more than one-sixth of the federal budget for matters that should be the exclusive responsibility of the states. Through these programs, money originating from state taxpayers is returned to the states, usually greatly reduced, with myriad strings attached. These grants turn state and local elected officials into agents of the federal government. The web of conditions and regulations — especially the requirement of matching funds that comes with federal grants — transforms recipients into appendages of the Washington bureaucracy. We call upon Congress to help a Republican president to reduce and ultimately eliminate this system of conditioned grants so that state and local taxpayers can decide for themselves what is best for their own communities.[32] ” —2016 Republican Party Platform[70]

Mike Pence[edit]

First Amendment to the U.S. Constitution[edit]

• After signing the Religious Freedom Restoration Act Clarification Bill on April 2, 2015, Mike Pence said, "Last weekend I called upon the Indiana General Assembly to clarify that this new judicial standard would not create a license to discriminate or to deny services to any individual as its critics have alleged. I am grateful for the efforts of legislators, business and other community leaders who came together to forge this clarifying language in the law. Hoosiers deserve to know, that even with this legislation, the Religious Freedom Restoration Act enhances protections for every church, non-profit religious organization or society, religious school, rabbi, priest, preacher, minister or pastor in the review of government action where their religious liberty is infringed. The law also enhances protection in religious liberty cases for groups of individuals and businesses in conscience decisions that do not involve provision of goods and services, employment and housing. ...There will be some who think this legislation goes too far and some who think it does not go far enough, but as governor I must always put the interest of our state first and ask myself every day, ‘What is best for Indiana?’ I believe resolving this controversy and making clear that every person feels welcome and respected in our state is best for Indiana. Our state is rightly celebrated for our pro-business environment, and we enjoy an international reputation for the hospitality, generosity, tolerance and kindness of our people. Hoosier hospitality is not a slogan; it is our way of life. Now that this is behind us, let’s move forward together with a renewed commitment to the civility and respect that make this state great."^[71] For Pence's full statement, please click here.

Second Amendment to the U.S. Constitution[edit]

• Mike Pence co-sponsored HR 822—the National Right-to-Carry Reciprocity Act of 2011—which proposed authorizing "a person who is carrying a valid, government-issued identification document containing that person's photograph and a valid permit to carry a concealed firearm in one state, and who is not prohibited from possessing, transporting, shipping, or receiving a firearm under federal law, to possess or carry a concealed handgun (other than a machine gun or destructive device) in another state in accordance with the restrictions of that state."^[72]

• In 2005, Pence voted for S 397—the Protection of Lawful Commerce in Arms Act—which "Prohibits a qualified civil liability action from being brought in any state or federal court against a manufacturer or seller of a firearm, ammunition, or a component of a firearm that has been shipped or transported in interstate or foreign commerce, or against a trade association of such manufacturers or sellers, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief resulting from the criminal or unlawful misuse of a firearm." It became law on October 26, 2005.^[73]

Tenth Amendment to the U.S. Constitution[edit]

• During his 2015 CPAC speech, Mike Pence said, "As President Reagan said, it’s important to 'be reminded that the Federal Government did not create the States, the States created the Federal Government.' Our states are not territorial outposts of the federal government. They are the wellspring of our vitality and reform. When we win back the White House and reelect a Republican Congress, let’s make it our aim to permanently reduce the size and scope of the national government by restoring to our states the resources and freedom that are rightfully theirs under the Constitution of the United States!"^[74]

• In June 2014, Mike Pence said, "We must demand that renewed Republican leadership… permanently reduce the size and scope of the federal government by restoring to the states and to the people those resources and responsibilities that are rightfully theirs under the Constitution of the United States."^[75]

• During the same speech he also said, "The principles of federalism, which I think were punctuated maybe with an exclamation mark in the Tenth Amendment, were alive and well at the time of our nation’s founding. It’s impossible to read the Constitution of the United States without understanding it as a document of a limited federal government that contemplates that there would be those responsibilities and resources–and those functions of government–many of which would be best administered at the state level."^[75]

• Read more of Mike Pence's public statements on 2016 campaign issues.

Green candidate[edit]

Jill Stein[edit]

Second Amendment to the U.S. Constitution[edit]

• Vox published an interview with Jill Stein on September 14, 2016, covering a range of policy issues, including immigration, student debt, laws governing guns and firearms, climate change, and foreign relations.^[76]

• Stein discussed gun confiscation programs, saying, “It’d be hard to do that at this point. So, we establish background checks and assault weapons ban as a floor. And we add to that stripping the gun manufacturers of their immunity — so currently they have immunity right now from lawsuits holding them accountable for dangerous weapons, and for putting those weapons in the hands of dangerous people. That’s another tool that should be brought to bear that does not have issues with the Second Amendment."

• She mentioned Norway as one model for how to get individuals to give up their guns, saying, "Norway really moved forward with gun control by persuading people to give up their guns, and in order to do that you need to have the proper things in place. So in Norway, among other countries, police have also demilitarized and go without guns. Not in all areas of Norway, but in many. And, interestingly, in those districts where police are not armed, they are actually safer. It’s not only the public that is safer but the police are safer because they cease to become targets. I think we need to begin to move in that direction, and I do believe as a society that we need to disarm because we are now an armed garrison state, and everyone is in the crossfire right now — black lives are in the target hairs, and police are also in the target hairs. We’ve become a culture of open carry — not just guns but assault weapons and sniper rifles."

• In a December 2013 interview with RT, Stein discussed the connection between gun violence and culture. She said, "We have about 100 times the rate of gun homicides and violent gun crimes relative to many countries of Western Europe and we should not be in the business of normalizing violence. ... It’s clear there is a relationship between gun violence and economic violence and poverty, and racial disparities and economic disparities. And the more we become an unjust society, the more we are at risk for continuing gun violence and potentially growing gun violence."^[77]

• Stein also criticized the involvement of the National Rifle Association (NRA) in politics. She said, "People don’t trust government because government has been bought and paid for by powerful special interests like the NRA. And the NRA is actually doing a disservice and fails to represent the interests of ordinary gun owners because it has become dominated by big industry. And its policies essentially reflect a marketing strategy to keep selling guns."^[77]

• In a third party presidential debate in October 2012, Stein said, "We certainly need an assault weapons ban, but we need more than that. There are some 260 people every day who are injured or killed by gun violence, so it's very important that we ban assault weapons, for starters, but there are other steps that need to be taken quickly. Local communities need to be able to regulate guns, as needed, to deal with their violence. So, we need to keep guns out of the hands of criminals. We need background checks, so that the mentally ill are not possessing and using guns. And we need to end the gun show loopholes, as well, because there's far too much violence from guns, which is not needed."^[78]

Fourth Amendment to the U.S. Constitution[edit]

• In an op-ed published by The Guardian on September 13, 2016, Jill Stein said that she would "immediately pardon Edward Snowden, Chelsea Manning and John Kiriakou for their important work in exposing the massive, systematic violation of our constitutional rights" and "invite them to the White House to publicly acknowledge their heroism,” if she were elected president. She added that she would “create a role for them in the Stein-Baraka Green party administration to help us create a modern framework that protects personal privacy while still conducting effective investigations where warranted.”^[79]

• In a January 2012 interview with Steve Horn of Truthout, Stein supported the repeal of the Patriot Act. Stein said, "The Patriot Act symbolizes the death of the Fourth Amendment and the right to judicial review, and the right to a trial has just been sabotaged by Obama. It is as if a coup has occurred. Any one of these alone is bad enough, but when you add them all up, we are on some pretty thin ice right now as a free society. Our freedom is hanging in thin air right now. There is now a legal basis for curtailing that freedom."^[80]
• Read more of Jill Stein's public statements on 2016 campaign issues.

The 2016 Green Party Platform on Constitutional rights

“ C. Free Speech and Media Reform OUR POSITION Independent, critical media are essential to an informed and healthy democracy. Citizens must have ready access to news and information to make responsible informed choices as voters and to carry out their other duties of citizenship. The United States' original communications policy was the 1st Amendment. Freedom of the press was guaranteed in the Constitution because an exchange of ideas and an unfettered debate were considered essential components of a democratic society. Today, however, government policy is designed less to enhance public deliberation than to boost the profitability of media corporations. Our media laws and rules promote the formation of huge media conglomerates while discouraging competing voices. As a result, the mainstream media is increasingly cozy with the economic and political elites whom they should be investigating. Mergers in the news industry have accelerated, further limiting the spectrum of viewpoints in the mass media. With U.S. media overwhelmingly owned by for-profit conglomerates and supported by corporate advertisers, investigative journalism is in an alarming decline. In response, Greens will strengthen citizens' influence over the broadcast media, break up the dominant media conglomerates and boost the number of community and non-profit news outlets, all to fortify the media's crucial watchdog function and to help create a more diverse and lively exchange of ideas in America. Since governments too often have an interest in controlling the flow of information, we must constantly guard against official censorship. In our society however, large corporations are a far more common source of censorship than governments. Media outlets kill stories because they undermine corporate interests; advertisers use their financial clout to squelch negative reports; powerful businesses employ the threat of expensive lawsuits to discourage legitimate investigations. The most frequent form of censorship is self-censorship: journalists deciding not to pursue certain stories that they know will be unpopular with the advertisers. GREEN SOLUTIONS 1. Return ownership and control of the electromagnetic spectrum to the public. We urge the public to reclaim the airwaves. The privatization of the broadcast airwaves, one of our most important taxpayer assets, has caused serious deformations of our politics and culture. End the privatization of broadcast frequencies and reserve them for the creation of new not-for-profit community broadcasters around the country and for broadband and wifi networks owned and operated by cities, counties and towns which want to deliver this vital tool to their people at reasonable cost. 2. Enact tough new anti-trust laws for the media, carve up the big media conglomerates, and follow up with vigorous anti-trust enforcement. 3. End commercial broadcasters' free licensed use of the public airwaves. Require market-priced leasing of any commercial use of the electromagnetic spectrum. Revenues derived from these license fees should be used to fund the operation of community media. Tax electronic advertising to fund democratic media outlets. 4. Reinstate and strengthen the Fairness Doctrine, to require that holders of broadcast licenses present controversial issues of public importance in an equitable and balanced manner. 5. Establish substantial public interest obligations for broadcasters and hold them accountable, and revoke licenses from outlets that fail to satisfy these obligations. 6. Support Public, Educational and Governmental (PEG) Access Television to ensure that citizens and community organizations have the opportunity to create and present their own programming on cable television. 7. Expand the role of community radio, by expanding the licensing of new non-commercial low power FM radio stations. 8. Promote greater opportunity for women and minority ownership of media outlets. 9. Greens welcome the continuing and evolving potential of the Internet to build communities, educate, inform, and promote free speech and artistic expression. a. Provide broadband Internet access for all residents of this country, so that access to information is a right, not a commodity. b. We call for the Federal Communications Commission to consistently classify all Internet service providers, regardless of the type of service (cable, dial-up, satellite, etc.), as telecommunications services. c. We call for the specific classification of all Internet service providers as common carriers as used in Title II of the Communications Act. d. We support all efforts to achieve net neutrality. Internet users should be able to access any lawful web content they choose and use any applications they choose, without restrictions or limitations imposed by their Internet service provider or government, except for restrictions that exist to prevent spam e-mail, viruses, and similar content that will harm the providerís network or internet access devices. 10. Ensure free and equal airtime for all ballot-qualified political candidates and parties on radio and television networks and stations. 11. Provide public funding for independent nonprofit broadcasters' to ensure high-quality news and cultural programming with the widest possible range of viewpoints. 12. Prohibit commercial advertising targeted to children less than 12 years old, as well as advertising in public places such as schools, parks, and government buildings. 13. Oppose censorship in the arts, media, press and on the Internet. 14. Reform the Federal Communications Commission so that it is responsive and accountable to the public at large, not just to lobbyists and commercial interests. 15. Repeal the Telecommunications Act of 1996. 16. Reduce mailing costs for non-profit and independent magazines and journals, and eliminate them for those that receive less than 20% of their revenues from advertising. 17. Promote policies to expand investigative reporting on federal, state and local issues. 18. Promote policies to encourage the people of the United States to watch less television, and instead to spend time with their families, friends and neighbors, and to engage in myriad other constructive, artistic or healthful pursuits. 19. Create a publicly-controlled "Audience Network" empowered to take airtime from commercial television and radio stations, to broadcast a variety of non-commercial cultural, political, entertainment, scientific or other high-quality programs. ... A. Civil Rights and Equal Rights The foundation of any democratic society is the guarantee that each member of society has equal rights. Respect for our constitutionally protected rights is our best defense against discrimination and the abuse of power. Also, we recognize an intimate connection between our rights as individuals and our responsibilities to our neighbors and the planet. The Green Party shall strive to secure universal and effective recognition and observance of the principles and spirit expressed in the United National Universal Declaration of Human Rights as an international standard that all nations must meet. One of our key values is respect for diversity. We are committed to establishing relationships that honor diversity; that support the self-definition and self-determination of all people; and that consciously confront the barriers of racism, sexism, homophobia, class oppression, ageism, and the many ways our culture separates us from working together. We support affirmative action to remedy discrimination, to protect constitutional rights and to provide equal opportunity under the law. 1. Women's Rights Since the beginning of what we call civilization, when men's dominance over women was firmly established, until the present day, our history has been marred with oppression of and brutality to women. The Green Party deplores this system of male domination, known as patriarchy, in all its forms, both subtle and overt — from oppression, inequality, and discrimination to all forms of violence against women and girls including rape, trafficking, forced sex which is also rape, slavery, prostitution and violence against women within marriage and relationships and in all institutions. The change the world is crying for cannot occur unless women's voices are heard. Democracy cannot work without equality for women, which provides equal participation and representation. It took an extraordinary and ongoing fight over 72 years for women to win the right to vote. However, the Equal Rights Amendment, first introduced in 1923, has still not been ratified by 2012, representing a continuous struggle of 87 years with no victory in sight. We believe that equality should be a given, and that all Greens must work toward that end. We are committed to increasing participation of women in politics, government and leadership so they can change laws, make decisions, and create policy solutions that affect and will improve women's lives, and we are building our party so that Greens can be elected to office to do this. In July 2002 the National Women's Caucus of the Green Party of the United States was founded to carry out the Party's commitment to women. We also support, and call on others to support, the many existing and ongoing efforts for women: Social Equality a. We support the equal application of the Constitution of the United States of America to all citizens, and therefore call for passage of the Equal Rights Amendment (ERA). We urge accelerated ratification by three or more of the remaining 15 states that are required to pass ERA into law and into the Constitution. We urge renewed efforts and campaigns to ratify the ERA. We support the Equal Rights Amendment reintroduced in the U.S. Congress, and support using the precedent of a three-state strategy for ratification. b. We call for equal representation of women in Congress instead of the current 17% in 2012. c. The Green Party calls for U.S. passage of CEDAW, the Convention on the Elimination of all forms of Discrimination Against Women, which was adopted in 1979 by the U.N. General Assembly and ratified by 173 countries. The U.S. is one of the very few countries, and the only industrialized nation, that have not ratified it. d. The Equal Employment Opportunities Commission should actively investigate and prosecute sexual harassment complaints. Women who file complaints must not be persecuted and should be protected under federal and state law. We must enshrine in law the basic principle that women have the same rights as men, and promote gender equality and fairness in the work force to ensure that women receive equal pay for jobs of equal worth. e. We support the inclusion of an equal number of women and men in peace talks and negotiations, not only because these efforts directly affect their lives and those of their husbands, children and families, but also because when women are involved, the negotiations are more successful. ... 7. Religious Freedom and Secular Equality The United States Bill of Rights guarantees freedom of religion. We affirm the right of each individual to the exercise of conscience and religion, while maintaining the constitutionally mandated separation of government and religion. We believe that federal, state, and local governments must remain neutral regarding religion. We call for: a. Ending discriminatory federal, state, and local laws against particular religious beliefs, and non-belief. The U.S. Constitution states that there shall be no religious test for public office. This requirement should apply to oaths (or affirmations) for holding public office at any level, employment at all government levels, oaths for witnesses in courts, oaths for jury membership, and the oath for citizenship. b. Prosecution of hate crimes based on religious affiliation or practice. c. Elimination of displays of religious symbols, monuments, or statements on government buildings, property, websites, money, or documents. d. Restoration of the Pledge of Allegiance to its pre-1954 version, eliminating the politically motivated addition of "under God." e. Ending faith-based initiatives and charitable choice programs, whereby public funds are used to support religious organizations that do not adhere to specified guidelines and standards, including anti-discrimination laws. f. Ending school vouchers whereby public money pays for students in religious schools. g. Ending governmental use of the doctrines of specific religions to define the nature of family, marriage, and the type and character of personal relationships between consenting adults. h. Ending religiously based curricula in government-funded public schools. i. Ending the use of religion as a justification to deny children necessary medical care or subject them to physical and emotional abuse. j. Ending the use of religion by government to define the role and rights of women in our society. k. Revocation of the Congressional charter of the Boy Scouts of America. Any private organization that practices bigotry against certain religious beliefs and classes of people should not have a Congressional endorsement or access to public property and funds.[32] ” —2016 Green Party Platform[81]

The 2016 Green Party Platform on criminal justice reform and gun control

“ 3. Criminal Justice Reform a. Abolish the death penalty. b. Repeal "three strikes" laws. Restore judicial discretion in sentencing. Abolish mandatory sentencing. c. Establish and fund programs to strengthen self-help and community action through neighborhood centers that provide legal aid, alternative dispute-resolution practices, mediated restitution, community team policing, and access to local crisis/assault care shelters. e. Establish elected or appointed independent civilian re-view boards with subpoena power to investigate complaints about prison guard and community police behavior. Sharply restrict police use of weapons and restraining techniques such as pepper spray, stun belts, tasers and choke holds. f. Prohibit property forfeiture and denial of due process for unconvicted suspects. g. Establish freedom on bail as a right of all defendants charged with non-violent crimes. Incorporate mental health and social services in bail agreements. h. Increase compensation for jurors and provide childcare for those serving jury duty. i. Protect victims' rights. Ensure the opportunity for victims to make victim-impact statements. Consider forms of restitution to victims. j. Thoughtful, carefully considered gun control such as is contained in the Brady Bill (1993). Eliminate the gun show loophole that permits sale of weapons without background checks. Extend background checks to all private sales of firearms.[32] ” —2016 Green Party Platform[82]

Libertarian candidate[edit]

Gary Johnson[edit]

First Amendment to the U.S. Constitution[edit]

• On August 2, 2016, Gary Johnson apologized for a recent comment he made about violence in early Mormon history. When asked about the government’s role in an individual’s right to religious freedom during the previous week, Johnson said that “religious freedom is a ‘black hole’ that can lead to more discrimination than the world needs,” according to Deseret News. Johnson added, “I think what you're going to end up doing is open up a plethora of discrimination that you never dreamed could even exist. And it'll start with Muslims. … I mean under the guise of religious freedom, anybody can do anything. Back to Mormonism. Why shouldn't somebody be able to shoot somebody else because their freedom of religion says that God has spoken to them and that they can shoot somebody dead?" Johnson apologized for the comments in the following statement: “My reference to the LDS church, made during an impromptu conversation, was an admittedly very imprecise reference to the violence that accompanied the Mormon’s early history in the 1800s– violence that was prompted by the persecution of the Mormons themselves by both the federal government and others. Absolutely no offense was intended, and I regret any that has resulted. My point, made with an unfortunate example, is that religion has been used too many times to justify discrimination, persecution and, yes, violence. Acts of violence and aggression can not be excused by religion and all people must be held accountable for their own actions. Few in America have experienced that persecution more than Mormons, and I understand and respect that. The LDS church and its historical struggles with the government are perfect examples of the need for true religious freedom, not selective freedoms legislated and created by politicians. I consider many of the LDS faith to be my closest of friends including National Campaign Manager Ron Nielson.”^[83][84]

• During a Libertarian candidate forum that aired on the Fox Business Network on April 1, 2016, Gary Johnson said, “I think that if you discriminate on the basis of religion, I think that is a black hole.” Johnson continued, “I think you should be able to discriminate for stink or you’re not wearing shoes or whatever. If we discriminate on the basis of religion, to me, that’s doing harm to a big class of people.”^[85]

• In an interview with Reason in January 2016, Gary Johnson said he supported banning burqas in the U.S. as a way of "protecting [Muslim women] from harm under a brutal ideology under which women have nothing resembling equal rights." The following day, Johnson amended his position, stating, "While the law must provide protection for women from abuse, it is clear that banning face veils wouldn’t work, and would be impossible to enforce without infringing on basic rights." He added, "Sharia law is incompatible with the freedoms upon which America is founded, and it must not be overlooked that, under Sharia ideology, women have no rights, and are certainly not free to dress as they wish. Imposing such a system on women under some guise of freedom of religion or expression is not acceptable under any notion of liberty. On that point I am firm. But a government ban on an item of clothing might well have the consequence of restricting, not protecting, freedom."^[86]

• Johnson expressed support for the separation of church and state during an interview in February 2012. He said, "As much as I hate the fact that the ACLU would tell a community that they can’t hang a Christmas tree in the lobby and play Christmas music in a public building, isn’t that why we became the United States of America? Isn’t that why we broke away from England?"^[87]

Second Amendment to the U.S. Constitution[edit]

• During an interview on June 27, 2016, with WIBC’s Tony Katz, Gary Johnson discussed a proposal backed by Democrats to prohibit individuals on the No-Fly List from purchasing firearms. Johnson said, “Well, they’re wrong because that list contains active members of Congress. That’s a list that contains you and I; it’s a list prone to error. If this is a conversation about improving the quality of that list, then ‘yes.’ Is it a conversation on how the appeals process might be (improved)—meaning you’re on the list, and you want to appeal that list because you have a need for self-protection? Self-protection doesn’t mean you’re going to buy the gun and use it, it means you’re going to buy the gun—and your ex-spouse who’s abusive knows that – and all of a sudden that’s a huge deterrent. Johnson also discussed the failures of Congress. He said, “First of all, Congress should be engaged. Congress wants to abdicate every responsibility that they’re supposed to have, and because of that, they never come under the scrutiny that should go along with their offices. They don’t do anything; they don’t submit any budgets. They just want to hold office.”^[88]

• In an interview with Reason on June 14, 2016, Johnson said that he believed the outcome of the Orlando shooting would have been “less horrific” if some of the clubgoers were armed. “I understand how so many people can believe that if you restrict this kind of weapon you can prevent this kind of incident. But there's just no evidence whatsoever to suggest that it makes us any safer, and in fact restricting guns makes things less safe, that's the camp that I'm in,” Johnson said.^[89]

• On January 19, 2016, in an interview with The Telegraph, Johnson discussed guns. He said, “I am in the camp that if you outlaw guns only the criminals are going to have guns. I supported permitting the concealed carry of handguns in New Mexico. I believe there is a lot less violence in the parking lot, as they say, because the potential perpetrator of a theft or an assault is thinking twice because someone might be carrying a gun. Restrictions on gun ownership will only encourage outlaws to have heavy ammunition and high calibre weapons."^[90]

• In May 2013, Johnson opposed a Colorado law restricting ammunition magazines. He said in a press release, "Placing an arbitrary limit on the capacity of a gun magazine is an unacceptable restriction on the rights of gun owners, manufacturers and sellers, and I am anxious to help give voters an opportunity to restore those rights. … Restricting the Second Amendment rights of law-abiding citizens does not make anyone safer. Rather, it simply empowers those who have no regard for the law and who wish to do us harm."^[91]

• Johnson wrote an op-ed in The Daily Caller on February 6, 2013, to defend gun ownership under the Constitution. He argued, "Whether it is the First Amendment right to speech or the religious freedoms granted in the Constitution, we may all find the exercise of rights to be uncomfortable, painful, and occasionally even harmful. But our nation is founded — uniquely so — on the idea that individual rights are to be protected and shielded from government control. And just like the rest of the Bill of Rights, the Second Amendment doesn’t give anyone permission to commit murder. That is covered by a lot of other, perfectly constitutional, laws. Let us hope, and let us work, to make sure that the politicians don’t decide to make us 'safer' from gun violence by taking away even more of our freedoms."^[92]

Fourth Amendment to the U.S. Constitution[edit]

• Gary Johnson advocated for the creation of a "Liberty Czar" in October 2014 in a blog post for the nonprofit organization, Our America Initiative. He wrote, "Where is the liberty czar? Where is the high-level 'liberty' advocate who is in the room when the Department of Justice, the NSA or the IRS are planning their next invasion of our 4th Amendment protections, raising a hand and objecting? Who is asking the tough questions when someone comes up with the idea to give armored military vehicles and grenades to local police departments?" He concluded that every government official should be a "liberty czar."^[93]

• In an April 2012 op-ed in The Huffington Post criticizing the Supreme Court decision in Florence v. Board of Chosen Freeholders, Johnson advocated for stronger protection of the right to privacy. He wrote, "There are a lot of us in America who still would like to believe that woven through the Constitution and the Bill of Rights is a fundamental right to individual privacy. And I don't recall that we agreed to forfeit that right just because technology has outgrown the law or because the police need 'substantial discretion' to make us take our clothes off. Expecting the government to willingly constrain itself when it comes to violating our privacy is not just foolhardy; it defies everything we know about the very nature of government. Until privacy is restored as a fundamental American value and right that government is required to protect, rather than destroy, this erosion of our freedom -- and dignity -- will continue."^[94]

Tenth Amendment to the U.S. Constitution[edit]

• In August 2010, Johnson wrote an op-ed for the Tenth Amendment Center in the wake of Arizona's efforts at immigration reform, arguing that states' rights should be protected. He wrote, "Every state is different, and is presented with its own challenges and opportunities related to immigration – and countless other issues. Rather than trying, as the Obama administration is doing, to stop Arizona from implementing its own approach, we should be encouraging the states to be the policy laboratories they were intended to be in our federal system."^[95]

• Read more of Gary Johnson's public statements on 2016 campaign issues.

The 2016 Libertarian Party Platform on Constitutional rights

“ 3.0 Securing Liberty The protection of individual rights is the only proper purpose of government. Government is constitutionally limited so as to prevent the infringement of individual rights by the government itself. The principle of non-initiation of force should guide the relationships between governments. ... 3.2 Internal Security and Individual Rights The defense of the country requires that we have adequate intelligence to detect and to counter threats to domestic security. This requirement must not take priority over maintaining the civil liberties of our citizens. The Constitution and Bill of Rights shall not be suspended even during time of war. Intelligence agencies that legitimately seek to preserve the security of the nation must be subject to oversight and transparency. We oppose the government’s use of secret classifications to keep from the public information that it should have, especially that which shows that the government has violated the law.[32] ” —2016 Libertarian Party Platform[96]

The 2016 Libertarian Party Platform on self-defense

“ 1.9 Self-Defense The only legitimate use of force is in defense of individual rights—life, liberty, and justly acquired property—against aggression. This right inheres in the individual, who may agree to be aided by any other individual or group. We affirm the individual right recognized by the Second Amendment to keep and bear arms, and oppose the prosecution of individuals for exercising their rights of self-defense. Private property owners should be free to establish their own conditions regarding the presence of personal defense weapons on their own property. We oppose all laws at any level of government restricting, registering, or monitoring the ownership, manufacture, or transfer of firearms or ammunition.[32] ” —2016 Libertarian Party Platform[97]

Recent news[edit]

The link below is to the most recent stories in a Google news search for the terms 2016 presidential candidates on Constitutional rights. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

See also[edit]

• Presidential candidates, 2016

External links[edit]

• ProCon.org's "Should More Gun Control Laws Be Enacted?"
• ProCon.org's "Should Schools Be Gun-Free Zones?"
• ProCon.org's "Should the Federal Government Study Gun Violence?"
• ProCon.org's "Should People on the No-Fly List or the Terror Watch List Be Allowed to Purchase Guns?"
• ProCon.org's "Should Religious Liberty Give People the Right to Deny Goods and Services for Gay Marriage?"

Footnotes[edit]

v • e 2016 United States Presidential Election Overviews 2016 presidential election • 2016 presidential candidates • 2016 presidential nominations: calendar and delegate rules • 2016 vice presidential candidates • Possible vice presidential picks Candidate profiles Hillary Clinton Donald Trump Jill Stein Gary Johnson Path to the presidency Republican Convention • Republican Primary Democratic Convention • Democratic Primary Policy positions Abortion • Defunding Planned Parenthood • Agricultural subsidies • Black Lives Matter movement • Budgets • Education • Energy and environmental policy • Federal assistance programs • Federalism • Foreign affairs • LGBTQ rights • Government regulations • Healthcare • Immigration • DACA and DAPA • International trade • Rural policy • Taxes On the campaign trail Ballotpedia's battleground poll • Campaign preparations • Political and leadership attributes • Presidential campaign trackers and opposition researchers Campaign staff Presidential campaign staff transfers, resignations and terminations • Staff leaks from 2016 presidential campaigns Clinton staffers • O'Malley staffers • Sanders staffers Bush staffers • Carson staffers • Christie staffers • Cruz staffers • Fiorina staffers • Huckabee staffers • Kasich staffers • Paul staffers • Rubio staffers • Santorum staffers • Trump staffers Debates PBS, February 11, 2016 (Milwaukee) • PBS, February 4, 2016 (Durham, N.H.) • NBC News, January 17, 2016 (Charleston, S.C.) • ABC, December 19, 2015 (Manchester, N.H.) • CBS, November 14, 2015 (Des Moines) • CNN, October 13, 2015](Las Vegas) February 13, 2016 (Greenville, S.C.) • ABC, February 6, 2016 (Manchester, N.H.) • Fox News, January 28, 2016 (Des Moines) • Fox Business, January 14, 2016 (North Charleston, S.C.) • CNN, December 15, 2015 (Las Vegas) • Fox Business, November 10, 2015 (Milwaukee) • CNBC, October 28, 2015 (Boulder) • CNN, September 16, 2015 (Reagan Library) • Fox News, August 6, 2015 (Cleveland) Analysis The media's coverage of Donald Trump • The media's coverage of Hillary Clinton Post-debate analysis overview Democratic: April 14, 2016 (CNN) • March 9, 2016 (Univision) • March 6, 2016 (CNN) • February 11, 2016 (PBS) • February 4, 2016 (MSNBC) • January 17, 2016 (NBC) • December 19, 2015 (ABC) • November 14, 2015 (CBS) • October 13, 2015 (CNN) Republican: March 10, 2016 (CNN) • March 3, 2016 (FNC) • February 25, 2016 (CNN) • February 13, 2016 (CBS) • February 6, 2016 (ABC) • January 28, 2016 (FNC) • January 14, 2016 (FBN) • December 15, 2015 (CNN) • November 10, 2015 (FBN) • October 28, 2015 (CNBC) • September 16, 2015 (CNN) Insiders Poll: First Democratic debate (October 13, 2015) • Presidential Nominating Index: Clinton remains choice of Democratic Insiders • Presidential Nominating Index: Bush remains choice of Republican Insiders • Insiders Poll: Winners and losers from the Fox News Republican Debate

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