In each presidential election, I score the candidates according to their level of support for the Bill of Rights. Points are awarded based on the answers to weighted questions about how the candidates interpret and apply its provisions. They receive a score out of ten for each amendment, and a cumulative score out of one hundred for the entire Bill of Rights.
Because the President of the United States swears to protect and defend the constitution, he or she must understand it and comply with it. The only acceptable score is A+ (100%).
When possible, I base scores on a candidate’s public statements, campaign materials, and political record. If this information is not available, I attempt to infer a position from the candidate’s political party by looking at its platform and its prominent members’ votes and statements on the issue. If even this is not available, I make my “best guess.” You can contact me to complain about a rating if you want, but please provide evidence supporting your argument.
Off on a Tangent traditionally divides the candidates on the Virginia ballot into two categories: major (likely to receive 5% or more of the popular vote) and minor (likely to receive less than 5%). Beginning this year, and only in presidential races, minor candidates will be subdivided into viable and unviable categories. A viable minor candidate appears on enough U.S. ballots that they could theoretically reach the 270-elector majority necessary to win. A nonviable candidate does not appear on enough ballots to have even a theoretical chance of winning. Only major and viable minor candidates will be included in this analysis.
The candidates on the Virginia presidential ballot are:
- Major (expected >= 5%; >=270 ballot access)
- Vice President Kamala Harris (D)
- Former President Donald Trump (R)
- Viable Minor (expected <5%; >=270 ballot access)
- Chase Oliver (L)
- Jill Stein (G)
- Unviable Minor (expected <5%; <270 ballot access)
- Claudia De La Cruz (I)
- Cornell West (I)
Score | Grade | Description |
---|---|---|
100% | A+ | Acceptable |
90-99% | A | Almost acceptable |
80-89% | B | Bad |
70-79% | C | Very bad |
60-69% | D | Dangerous |
50-59% | F | Very dangerous |
30-49% | F- | Nearly despotic |
0-29% | X | Despotic |
Descriptions: Expand | Collapse
Harris (D) | Trump (R) | Oliver (L) | Stein (G) | |
---|---|---|---|---|
First Amendment
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” |
X (0/10) |
B (8/10) |
A+ (10/10) |
F- (3/10) |
Religious Establishment (2 Points)
Does the candidate oppose the explicit or de-facto establishment of any state religion, including any legislation benefiting any religion (or irreligion) at the expense of other religions (or irreligion)? |
0 | 2 | 2 | 0 |
Religious Free Exercise (2 Points)
Does the candidate acknowledge the individual and collective right to freely exercise religion (or irreligion), including the rights of conscience and the right to operate in the public sphere in accordance with individual or shared beliefs? |
0 | 2 | 2 | 0 |
Free Speech (2 Points)
Does the candidate support the individual and collective right of free speech and expression, including the unfettered right of political expression and the right to pool money and other resources so as to amplify speech? |
0 | 1 | 2 | 1 |
Free Press (2 Points)
Does the candidate support the individual and collective rights of the free press, including opposition to all content restrictions in all media (including broadcast) and support for the right of the press to protect confidential sources? |
0 | 1 | 2 | 2 |
Peaceable Assembly (2 Points)
Does the candidate respect the right of people to gather into groups, both real and virtual, and to act as a group to advance a cause, including the collective forms of the rights of free religious exercise, free speech, and free press? |
0 | 2 | 2 | 0 |
Harris (D) | Trump (R) | Oliver (L) | Stein (G) | |
---|---|---|---|---|
Second Amendment
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” |
X (1/10) |
A (9/10) |
A (9/10) |
X (1/10) |
Keeping Arms (2 Points)
Does the candidate acknowledge and support the individual right to own and possess (“keep”) firearms and other weapons, so that they might have access to the necessary tools to defend themselves, others, and the United States of America? |
1 | 2 | 2 | 1 |
Bearing Arms (2 Points)
Does the candidate acknowledge and support the individual right to transport and carry (“bear”) firearms and other weapons, openly or concealed, with only the minimal necessary legal restrictions (up to and including ‘shall-issue’ carry permits)? |
0 | 2 | 2 | 0 |
Interstate Recognition (2 Points)
Does the candidate support federal legislation to establish unrestricted interstate recognition of concealed carry rights, as implied by the ‘Full Faith and Credit’ clause (cf. Article IV, Section 1, Clause 1)? |
0 | 2 | 1 | 0 |
Unnecessary Restrictions (2 Points)
Does the candidate oppose unnecessary restrictions on firearms, such as ammunition capacity limits and restrictions based on cosmetic or accessory features? |
0 | 1 | 2 | 0 |
Treaty Imposition (2 Points)
Does the candidate oppose all treaties that purport to restrict the production and trade of small arms, or that purport to restrict the right of any people to keep and bear them? |
0 | 2 | 2 | 0 |
Harris (D) | Trump (R) | Oliver (L) | Stein (G) | |
---|---|---|---|---|
Third Amendment
“No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.” |
A+ (10/10) |
A+ (10/10) |
A+ (10/10) |
A+ (10/10) |
Quartering (10 Points)
Does the candidate acknowledge and support the right of every homeowner to be free from the quartering of soldiers in their home without consent, except in a time of war? |
10 | 10 | 10 | 10 |
Harris (D) | Trump (R) | Oliver (L) | Stein (G) | |
---|---|---|---|---|
Fourth Amendment
“The right of the People to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” |
X (2/10) |
X (2/10) |
A+ (10/10) |
A+ (10/10) |
Search and Seizure (2 Points)
Does the candidate acknowledge and support the individual right to be secure in their persons and effects and free from unreasonable searches and seizures? |
2 | 2 | 2 | 2 |
Civil Forfeiture (2 Points)
Does the candidate oppose the administrative seizure of property, commonly known as ‘civil forfeiture,’ unless authorized by warrant or court ruling? |
0 | 0 | 2 | 2 |
Data Security (2 Points)
Does the candidate oppose government actions that undermine the right to data security, such as efforts to undermine, break, or outlaw effective electronic encryption systems? |
0 | 0 | 2 | 2 |
Domestic Surveillance (2 Points)
Does the candidate oppose warrantless domestic surveillance programs, such as the NSA phone metadata program, except upon the suspension of the writ of habeus corpus in times of rebellion or invasion (cf. Article I, Section 9, Clause 2)? |
0 | 0 | 2 | 2 |
Implied Consent (2 Points)
Does the candidate oppose ‘implied consent’ warrantless searches that lack probable cause, such as roadside searches of vehicles and persons and unnecessarily invasive airport security scans? |
0 | 0 | 2 | 2 |
Harris (D) | Trump (R) | Oliver (L) | Stein (G) | |
---|---|---|---|---|
Fifth Amendment
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” |
X (2/10) |
F- (4/10) |
A+ (10/10) |
A (9/10) |
Due Process (2 Points)
Does the candidate acknowledge the right of every person not to be deprived of life, liberty, or property without due process of law, such as a finding by a jury or a defined legal process subject to appeal? |
0 | 1 | 2 | 2 |
Grand Jury and Jeopardy (2 Points)
Does the candidate support the grand jury system and the right to not be twice placed in jeopardy for the same offense? |
2 | 2 | 2 | 2 |
Self Incrimination (2 Points)
Does the candidate support the individual right not to serve as a witness against oneself, including the right to decline to testify before either the courts or the legislature, and the right not to be compelled to produce evidence that may be used against oneself? |
0 | 1 | 2 | 2 |
Eminent Domain Abuse (2 Points)
Does the candidate oppose the seizure of private property via ’eminent domain’ for non-public uses, such as stadiums and neighborhood revitalization? |
0 | 0 | 2 | 1 |
Compelled Incrimination (2 Points)
Does the candidate oppose efforts by law enforcement agencies and the courts, in violation of the right not to self-incriminate, to compel suspects to provide decryption codes for their devices? |
0 | 0 | 2 | 2 |
Harris (D) | Trump (R) | Oliver (L) | Stein (G) | |
---|---|---|---|---|
Sixth Amendment
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.” |
D (6/10) |
D (6/10) |
A+ (10/10) |
A+ (10/10) |
Criminal Trial by Jury (2 Points)
Does the candidate acknowledge the right of all persons criminally accused, including juveniles, to a speedy and public trial by jury? |
2 | 2 | 2 | 2 |
Right to Counsel (2 Points)
Does the candidate acknowledge the right of all persons criminally accused to have competent counsel acting on their behalf, and support the sufficient public funding to provide such counsel for those who cannot afford it? |
2 | 2 | 2 | 2 |
Presumption of Innocence (2 Points)
Does the candidate acknowledge and support the presumption of innocence in all criminal cases, and oppose all laws and regulations (including the administrative seizure of property, commonly known as ‘civil forfeiture’) that presume guilt before it has been affirmed by a jury? |
0 | 0 | 2 | 2 |
Usurpation by Misclassification (2 Points)
Does the candidate oppose the classification of certain infractions, such as traffic infractions, as civil matters for the purpose of usurping the right to a trial by jury and the presumption of innocence? |
0 | 1 | 2 | 2 |
Public Trials (2 Points)
Does the candidate affirm the public nature of all court proceedings, including those of the United States Supreme Court, and support unrestricted access to the courts by the press and public, including their use of recording devices, except in special cases? |
2 | 1 | 2 | 2 |
Harris (D) | Trump (R) | Oliver (L) | Stein (G) | |
---|---|---|---|---|
Seventh Amendment
“In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by Jury shall be preserved, and no fact, tried by a Jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.” |
A+ (10/10) |
A+ (10/10) |
A+ (10/10) |
A+ (10/10) |
Civil Trial by Jury (6 Points)
Does the candidate acknowledge the right of all parties in civil cases to a trial by jury in cases where the value of the case is more than twenty dollars? |
6 | 6 | 6 | 6 |
Reexamination of Facts (4 Points)
Does the candidate acknowledge that no fact tried by a jury may be reexamined by the courts except as permitted under common law? |
4 | 4 | 4 | 4 |
Harris (D) | Trump (R) | Oliver (L) | Stein (G) | |
---|---|---|---|---|
Eighth Amendment
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” |
A (9/10) |
F- (3/10) |
A+ (10/10) |
A+ (10/10) |
Excessive or Cruel Punishment (3 Points)
Does the candidate acknowledge that the government may not require excessive bail, impose excessive fines, or inflict cruel and unusual punishments? |
2 | 2 | 3 | 3 |
Torture (3 Points)
Does the candidate oppose torture, including torture such as ‘waterboarding’ that does not inflict permanent physical harm? |
3 | 0 | 3 | 3 |
Death Penalty (2 Points)
Does the candidate oppose the death penalty, also known as capital punishment, except perhaps in the most extreme of cases? |
2 | 0 | 2 | 2 |
Humane Treatment (2 Points)
Does the candidate acknowledge that prisoners, including prisoners of war and captive enemy combatants, are entitled to humane treatment, including food, water, shelter, and competent medical care? |
2 | 1 | 2 | 2 |
Harris (D) | Trump (R) | Oliver (L) | Stein (G) | |
---|---|---|---|---|
Ninth Amendment
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” |
X (2/10) |
A (9/10) |
A (9/10) |
X (2/10) |
Existence of Other Rights (2 Points)
Does the candidate acknowledge that the Bill of Rights is not a comprehensive list of all rights retained by the people? |
1 | 2 | 2 | 1 |
The Source of Rights (2 Points)
Does the candidate acknowledge that all human rights spring either from the creator or from our human nature, and that they are not established by law, but only affirmed by it? |
0 | 2 | 2 | 0 |
Inalienable and Predicate Rights (2 Points)
Does the candidate acknowledge the fundamental, inalienable human rights upon which the Bill of Rights is predicated, including the rights to life (from conception to natural death), liberty, property, and the pursuit of happiness? |
0 | 2 | 1 | 0 |
Presumption of Liberty (2 Points)
Does the candidate acknowledge that the Bill of Rights includes, in the Ninth Amendment, a ‘presumption of liberty’ and an affirmation of all natural rights, and that individual and collective rights may not be usurped except to the least extent necessary to protect the liberties of others? |
0 | 1 | 2 | 0 |
Right to Privacy (2 Points)
Does the candidate acknowledge the right to privacy, as understood in the case law of the United States, except in cases where it conflicts with the higher rights of others? |
1 | 2 | 2 | 1 |
Harris (D) | Trump (R) | Oliver (L) | Stein (G) | |
---|---|---|---|---|
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.” |
X (0/10) |
F- (3/10) |
A (9/10) |
X (0/10) |
Enumerated Powers (2 Points)
Does the candidate acknowledge that the powers of the federal government are limited to those expressly enumerated in the U.S. Constitution, and that all other powers are reserved to the states or the people? |
0 | 0 | 2 | 0 |
Interstate Commerce (2 Points)
Does the candidate oppose laws that misapply federal authority over interstate commerce (cf. Article I, Section 8, Clause 3) to include all activity with economic effects, even if that activity is conducted entirely within the borders of a state? |
0 | 2 | 2 | 0 |
Areas of No Authority (2 Points)
Does the candidate oppose all federal laws, regulations, and coercive funding offers on matters not enumerated (cf. Article I, Section 8), including those relating to health care, food, medicine, recreational drugs, the environment, marriage, firearms, research, education, and employment, except insofar as they directly intersect with an enumerated power? |
0 | 0 | 2 | 0 |
Presumption of Standing (2 Points)
Does the candidate acknowledge that all states, and all individuals, have standing to challenge federal laws and regulations that they believe exceed the enumerated powers and usurp the reserved authorities of the states and the people? |
0 | 0 | 1 | 0 |
Federalism and Subsidiarity (2 Points)
Does the candidate acknowledge that the principles of federalism and subsidiarity demand that government action be executed at the smallest and narrowest level possible without rendering it ineffective? |
0 | 1 | 2 | 0 |
Harris (D) | Trump (R) | Oliver (L) | Stein (G) | |
---|---|---|---|---|
Total Score | F- (42/100) |
D (64/100) |
A (97/100) |
D (65/100) |
Notes
First Amendment
- Harris (D): Complicit in the Biden administration’s illegal censorship programs, arrest and harassment of pro-life protestors, and disinformation campaigns. Supports anti-religious discrimination. Denies collective rights.
- Trump (R): Strong on religious liberty, but inconsistent on free speech and press rights.
- Oliver (L): Supports individual and collective religious, speech, and press rights.
- Stein (G): Generally strong on individual speech and press rights. Supports anti-religious discrimination. Denies collective rights.
Second Amendment
- Harris (D): Supports only a limited right to keep (own or possess) arms for recreation and hunting. Denies all other rights encompassed in the Second Amendment.
- Trump (R): Supportive of Second Amendment rights, but supports some unnecessary restrictions.
- Oliver (L): Supportive of Second Amendment rights; unclear if supportive of interstate recognition (often opposed by Libertarians).
- Stein (G): Supports only a limited right to keep (own or possess) arms for recreation and hunting. Denies all other rights encompassed in the Second Amendment.
Third Amendment
- All candidates are assumed to support the right of every homeowner to be free from the quartering of soldiers in their home.
Fourth Amendment
- Harris (D): Fails to extend search and seizure rights to civil forfeiture or data security; supports warrantless domestic surveillance; likely to support implied consent laws.
- Trump (R): Fails to extend search and seizure rights to civil forfeiture or data security; supports warrantless domestic surveillance; likely to support implied consent laws.
- Oliver (L): Supportive of the Fourth Amendment in its full breadth.
- Stein (G): Supportive of the Fourth Amendment in its full breadth.
Fifth Amendment
- Harris (D): Complicit in the Biden administration’s arrest and harassment of pro-life protestors and other abuses of the legal system. Opposes protections against self incrimination and compelled incrimination. Supports eminent domain abuse.
- Trump (R): Opposes robust protections against self incrimination and compelled incrimination. Supports eminent domain abuse.
- Oliver (L): Supportive of the Fifth Amendment in its full breadth.
- Stein (G): Supportive of the Fifth Amendment in most cases, but accepts overbroad use of eminent domain for public projects.
Sixth Amendment
- Harris (D): Supports civil forfeiture and broad civil regulations that presume guilt. Likely to support usurpation by misclassification. Likely to support public trials.
- Trump (R): Supports civil forfeiture and broad civil regulations that presume guilt. Less likely than Harris to support usurpation by misclassification, but also less likely to support public trials.
- Oliver (L): Supportive of the Sixth Amendment in its full breadth.
- Stein (G): Supportive of the Sixth Amendment in its full breadth.
Seventh Amendment
- All candidates are assumed to support the right to a civil trial by jury and protections against the reexamination of facts.
Eighth Amendment
- Harris (D): Opposes excessive or cruel punishment and torture and supports the humane treatment of prisoners, but favors excessive fines. Opposes the death penalty.
- Trump (R): Inconsistent support for protections against excessive or cruel punishment and the humane treatment of prisoners. Supports torture and the death penalty.
- Oliver (L): Supportive of the Eighth Amendment in its full breadth.
- Stein (G): Supportive of the Eighth Amendment in its full breadth.
Ninth Amendment
- Harris (D): Acknowledges the existence of some other rights, but denies or misunderstands the source of rights, the inalienable and predicate rights, the presumption of liberty, and the right to privacy.
- Trump (R): Acknowledges the existence of other rights, the source of rights, the inalienable and predicate rights, and the right to privacy. Inconsistent support for the presumption of liberty.
- Oliver (L): Supportive of the Ninth Amendment, but denies the inalienable and predicate right to life from conception to natural death.
- Stein (G): Acknowledges the existence of some other rights, but denies or misunderstands the source of rights, the inalienable and predicate rights, the presumption of liberty, and the right to privacy.
Tenth Amendment
- Harris (D): Denies or ignores theTenth Amendment and does not acknowledge any apparent restrictions on federal authority.
- Trump (R): Ignores the Tenth Amendment, but the Republican Party has made efforts to limit overuse of the interstate commerce clause.
- Oliver (L): Supportive of the Tenth Amendment, but it remains unclear if Oliver or his party have acknowledged the presumption of standing.
- Stein (G): Denies or ignores the Tenth Amendment and does not acknowledge any apparent restrictions on federal authority.