The biggest news of 2010 was the gain of 690 state legislative seats by Republicans and their capture of both state houses in 26 states. Here are some New Year’s resolutions for laws they should consider passing in 2011.
HEALTH CARE: “Out-of-pocket medical expenses shall be tax deductible” and “self-paying patients shall not be charged more by a hospital than what it charges insurance companies for the same services.” Explanation: Third-party payments are driving up medical costs; the best antidote to Obamacare is more patient power.
WITHDRAWAL OF COURT JURISDICTION: “The courts of this state shall not consider, apply or invoke foreign law in resolving any domestic dispute.” Explanation: Foreign law has no legitimate role in America.
HOMESCHOOLING: “No publicly funded school or organization shall deny homeschooled students the right to participate in sports, extracurricular activities or scholarships.” Explanation: Homeschoolers pay taxes and should not be discriminated against.
PAYCHECK PROTECTION: “No governmental entity shall deduct any portion of a worker’s paycheck to fund any political activities.” Explanation: It is un-American to force a worker to donate to a candidate, yet many government unions support liberal candidates from payroll deductions.
PRIVATE PROPERTY: “Eminent domain shall not be used against private property for another privately owned use.” Explanation: Use of eminent domain has been abusive, as illustrated by the Kelo v. New London decision.
VIDEO GAMES: “There shall be no sale, rental or arcade-playing of extremely violent video games by children without parental consent.” Explanation: Video games are increasingly graphic and harmful.
ELECTION FRAUD: “To protect the integrity of elections, voting shall be on Election Day with photo ID required, and early or mail-in voting shall be allowed only for good cause.” Explanation: Early voting is undermining Election Day and encouraging voter fraud.
FAMILY COURTS: “A restraining order for domestic violence shall issue only on proof of clear and convincing evidence,” and “divorced parents shall have joint (50-50) legal and physical custody of their children unless proof shows a parent to be unfit.” Explanation: The anti-father abuses by family courts must stop.
TITLE IX: “No publicly funded school in this state shall eliminate a boys’ or men’s sports team for which there is sufficient demand in order to meet a numeric quota of participation by gender in sports.” Explanation: Colleges and even high schools are imposing feminist quotas to eliminate male sports teams.
VACCINATION: “There shall be a philosophical exemption to all vaccination requirements, and no student shall be denied admission to a public school for lack of vaccination unless justified by a certified epidemic of a disease at that location.” Explanation: About one-third of states already allow families to decline vaccination for any reason, a right enjoyed for other medical treatments.
RECALLING JUDGES: “Upon collection of petition signatures totaling at least 4 percent of the population of the district in which a judge presides, a recall election will be held to remove him from office.” Explanation: There will be less judicial supremacy if judges can be recalled; three Iowa Supreme Court justices were fired in a retention vote on Nov. 2.
GOOD FRIDAY: “The afternoon of Good Friday shall be an official state holiday.” Explanation: Good Friday is a state holiday in 11 states – why not the other 39?
BOY SCOUTS: “Any organization that conducts more than $1 million in annual business with this state, and which has an employee charitable giving program, shall certify annually that none of the organizations participating in its program discriminates against the Boy Scouts.” Explanation: States should not do business with companies that discriminate against the Boy Scouts.
CHILD PROTECTIVE SERVICES: “All rights accorded to criminal defendants shall likewise be recognized for any family targeted for investigation by a child protective agency.” Explanation: Why do criminal defendants have more rights than parents?
ABORTION: “Any physician performing or inducing an abortion who does not have clinical privileges at a hospital that offers obstetrical or gynecological care located within 30 miles of the location at which the abortion is performed or induced shall be guilty of a misdemeanor.” Explanation: Many abortions improperly leave victims searching for another doctor for follow-up care. This law has worked well in Missouri.
PUBLIC SCHOOLS: “When parents representing more than 50 percent of the students at a public school sign a petition demanding new administration of their school, the administration shall be fired and replaced by new administration or conversion to a charter school.” Explanation: This concept passed the California Senate in December 2009 but stalled in the heavily Democratic California Assembly.
Bad proposals, such as resolutions to call a national constitutional convention under Article V or to replace the Electoral College with a so-called National Popular Vote must be rejected. Those schemes would undermine our U.S. Constitution at the expense of the American people.