Founding Documents Are Law
Bottom Line Up Front: we will govern by the letter and spirit of the Founding Documents. Our laws, budgets, and policies will be measured against the Constitution – if something violates it, we will not enforce it. We will educate citizens on the Constitution and Declaration, promote their values in schools, and ensure every new law cites its constitutional authority. Our goal is a Colorado where government operates under the Constitution, not around it, and where the eternal truths of 1776 and 1787 light our path forward.
a. Biblical & Historical Foundations: We affirm that America’s founding charters – particularly the Constitution and the Declaration of Independence – are not just historical curios but living law and guiding truth. The Bible emphasizes remembering and adhering to foundational commandments (Deuteronomy 6:17, Joshua 1:8). Likewise, our Founding Fathers intended the Constitution to be the supreme law (Article VI) and viewed the Declaration’s principles (like human equality and God-given rights) as the soul of our nation’s legal philosophy. “We the People” established the Constitution as fundamental law, and its text – along with duly ratified amendments – binds all government actions. The Declaration, like the Constitution, is inseparable from our interpretation of liberty and justice. Lincoln called it the “apple of gold” framed by the Constitution’s “picture of silver.” It means the ideals in the Declaration guide how we read the Constitution’s promises (e.g. liberty, due process, equal protection).
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b. Constitutional Justification: Treating the Founding Documents as law means we do not treat the Constitution as an outdated suggestion – it is law, the highest law. Every statute, regulation, or executive act in Colorado or the U.S. must conform to it. It also means acknowledging the Declaration’s authority in defining the purpose of government: to secure our unalienable rights of life, liberty, and the pursuit of happiness. Originalism flows from this respect – we enforce the Constitution’s original legal force. Additionally, documents like the Federalist Papers, while not law, help illuminate the Constitution’s meaning and should guide courts more than modern ideology.
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c. Colorado Policy Conflicts: Recent Colorado governance has at times drifted from our founding documents:
1. Gun Laws vs. Constitution: As noted, Colorado’s new gun restrictions (red flag expansions, bans on young adults buying firearms, etc.) run afoul of the Second Amendment’s text, effectively ignoring the supreme law in favor of transient policy goals. We will fight to realign state law with the clear constitutional mandate.
2. TABOR & Consent of the Governed: Colorado’s Taxpayer’s Bill of Rights is an extension of the Declaration’s principle that just powers derive from consent. Yet state leaders attempted Proposition HH in 2023, asking voters to weaken TABOR limits on government spending. Voters rejected it 60–40%, affirming the principle that the people’s established law (in this case, constitutional revenue limits) must be respected. We stand with the people’s decision and the rule of law.
3. Federal Overreach: Colorado must push back when the federal government issues orders or mandates that have no basis in the U.S. Constitution. For example, if Washington imposes regulations on areas reserved to states (10th Amendment), Colorado should legally challenge those actions to uphold the founding division of powers.
