Constitutional Rights

Constitutional Rights

You, as stated by our nation’s founding fathers, have the unalienable right to live, to be free, and to prosper to your fullest potential without hindrance from person or entity. You have the freedom to pursue your happiness as long as you respect others’ rights to pursue theirs.   

Free Speech

According to the ideals embodied in the First Amendment to the Constitution of the United States, it is not the government’s role to dictate in matters of personal conscience, such as religion, speech, creativity, or political activity. Libertarians defend the rights of individuals to unrestricted freedom of speech, freedom of the press and the right to disagree with government itself. We oppose any lessening of the freedom of speech through government censorship, regulation or control of communications media.  

Right to Keep and Bear Arms

 Texas Libertarians support the right of citizens to keep and bear arms according to Article I, Section 23 of The Texas Constitution. Additionally, we advocate the legalization of ‘open carry’ of handguns, without a license. We believe that the right to keep and bear arms, like other rights, may only be disabled by due process of law. 

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. We oppose all laws at any level of government requiring registration of, or restricting, the ownership, manufacture, or transfer or sale of firearms or ammunition.  

Equality Under the Law

All persons should be seen as equal in all areas of society and equally protected under the law. Libertarians support the full and complete protection of all people from legislation that violate individual rights based on gender or gender orientation. It is not the government’s role to define personal relationships among its citizens.  

Marriage & Domestic Partnership

Marriage is a right to be enjoyed by all citizens governed by the Constitution of the United States and should be supported by the issuance of Marriage Certificates, rather than Marriage Licensing. A Marriage Certificate indicates the ‘certification of a right’ of a private contract, and can be used to document all necessary state or county records accordingly.  

Sexual orientation, preference, gender, or gender identity should have no impact on the government’s treatment of individuals, such as in current marriage. Government does not have the authority to define, license or restrict personal relationships. Consenting adults should be responsible for their individual choices regarding their own sexual practices and personal relationships.  

Privacy & Law Enforcement Powers

Libertarians believe in our inherent right to privacy and recognize our right to be secure in our persons, homes, and property. Protection from unreasonable search and seizure should include records held by third parties, such as email, medical, and library records. Libertarians oppose any legislation that permits government to become involved in our personal affairs where such authority has not been exclusively granted through a constitutional amendment. Libertarians firmly believe that the purpose of government is to protect our rights and property, and should never become a threat to the very things it was established to protect. Libertarians reject the presumption of federal authority in requiring universal identification.  

Libertarians support legislation or judicial rules that forbid the execution of “no-knock” warrants unless there is probable cause that they are necessary to avoid death or serious injury to an innocent person. The Libertarian Party of Texas calls for the repeal of any and all laws which authorize the wiretapping or other search and seizure of private communications or property without a warrant issued in a free and independent court of law.  


Libertarians hold that a border secure from invasion is essential to American freedom. However, we also hold that securing our border will be very difficult unless American immigration laws are reformed to remove the incentives to violate border control laws. Peaceful immigrants must enter the U.S. via a point of entry and should be issued work visas, subject only to evaluation to ensure that they are not terrorists or criminals, that they don’t pose a credible threat to health or property, and to a reasonable consideration of the economy’s ability to employ them. Persons attempting to enter the U.S. at any point other than a port of entry should be regarded as invaders and treated accordingly.  

National Defense

Libertarians support maintaining a sufficient military to defend the United States against attack from abroad while at the same time oppose any form of mandatory national service. The United States should avoid complicated alliances and abandon attempts to act as policeman for the world.  

Eminent Domain

The transfer of land from private entity to another must be agreed upon by both parties involved. Texas Libertarians believe in closing the exceptions and loopholes in the state prohibition against the use of eminent domain for private economic development. Under no circumstances should government have the power to force the transfer of land from private entity to another against the will of the owner.