Statement of Senator Russ Feingold
On Nationwide Opposition to the Flawed Patriot Act
As Read From the Senate Floor
March 1, 2006
Mr. President, we pass a lot of laws in this body, but most of them
don't get any public attention. Not so with the PATRIOT Act. Few pieces
of legislation have the kind of public understanding and recognition
the PATRIOT Act does. The PATRIOT Act has become a rallying cry for
those concerned about Government overreaching, grabbing for more power
than it needs, using a time of crisis to justify changes in the law
it otherwise could not hope to see made.
People all over the country want us to take a step back, to reconsider,
to fix the PATRIOT Act. Perhaps the strongest evidence of this is that
in the past 4 years, more than 400 State and local governments have
passed resolutions opposing or objecting to various aspects of the PATRIOT
Act. Eight of those government bodies are State legislatures that have
already passed resolutions opposing the PATRIOT Act.
In April 2003, Hawaii was the first State to adopt a statewide resolution.
The next month, in May 2003, Alaska and Vermont passed resolutions.
Over the course of 2004 and 2005, we saw three more resolutions in Colorado,
Montana, and Maine. Finally, Idaho passed a resolution specifically
to support the SAFE Act's amendments to the PATRIOT Act, and recently,
on February 16, California passed a resolution on the PATRIOT Act.
I will read these resolutions. There are eight such resolutions, Alaska
being the first.
A resolution:
Relating to the USA PATRIOT Act, the Bill of Rights, the Constitution
of the State of Alaska, and the civil liberties, peace, and security
of the citizens of our country.
Be it resolved by the Legislature of the State of Alaska:
WHEREAS the State of Alaska recognizes the Constitution of the
United States as our charter of liberty, and that the Bill of Rights
enshrines the fundamental and inalienable rights of Americans, including
the freedoms of religion, speech, assembly, and privacy; and
WHEREAS each of Alaska's duly elected public servants has sworn
to defend and uphold the United States Constitution and the Constitution
of the State of Alaska; and
WHEREAS the State of Alaska denounces and condemns all acts of
terrorism, wherever occurring; and
WHEREAS attacks against Americans such as those that occurred
on September 11, 2001, have necessitated the crafting of effective laws
to protect the public from terrorist attacks; and
WHEREAS any new security measures of federal, state, and local
government should be carefully designed and employed to enhance public
safety without infringing on the civil liberties and rights of innocent
citizens of the State of Alaska and the nation; and
WHEREAS certain provisions of the ``Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act of 2001'', also known as the USA PATRIOT Act, allow the
federal government more liberally to detain and investigate citizens
and engage in surveillance activities that may violate or offend the
rights and liberties guaranteed by our state and federal constitutions;
BE IT RESOLVED that the Alaska State Legislature supports the
government of the United States of America in its campaign against terrorism,
and affirms its commitment that the campaign not be waged at the expense
of essential rights and liberties of citizens in this country contained
in the United States Constitution and the Bill of Rights; and be it
FURTHER RESOLVED that it is the policy of the State of Alaska
to oppose any portion of the USA PATRIOT Act that would violate the
rights and liberties guaranteed equally under the state and federal
constitutions; and be it
FURTHER RESOLVED that, in accordance with Alaska state policy,
an agency or instrumentality of the State of Alaska, in the absence
of reasonable suspicion of criminal activity under Alaska State law,
may not
(1) initiate, participate in, or assist or cooperate with an inquiry,
investigation, surveillance, or detention;
(2) record, file, or share intelligence information concerning
a person or organization, including library lending and research records,
book and video store sales and rental records, medical records, financial
records, student records, and other personal data, even if--
Even if--
authorized under the USA PATRIOT Act;
(3) retain such intelligence information; the state Attorney General
shall review the intelligence information currently held by the state
for its legality and appropriateness under the United States and Alaska
Constitutions and permanently dispose of it if there is no reasonable
suspicion of criminal activity; and be it
FURTHER RESOLVED that an agency or instrumentality of the state
may not,
(1) use state resources or institutions for the enforcement of
federal immigration matters, which are the responsibility of the federal
government;
(2) collect or maintain information about the political, religious,
or social views, associations, or activities of any individual, group,
association, organization, corporation, business, or partnership, unless
the information directly relates to an investigation of criminal activities
and there are reasonable grounds to suspect the subject of the information
is or may be involved in criminal conduct;
(3) engage in racial profiling; law enforcement agencies may not
use race, religion, ethnicity, or national origin as factors in selecting
individuals to subject to investigatory activities except when seeking
to apprehend a suspect whose race, religion, ethnicity, or national
origin is part of the description of the suspect; and be it
FURTHER RESOLVED that the Alaska State Legislature implores the
United States Congress to correct provisions in the USA PATRIOT Act
and other measures that infringe on civil liberties, and opposes any
pending and future federal legislation to the extent it infringes on
Americans' civil rights and liberties.
Copies of this resolution shall be sent to the Honorable George
W. Bush, President of the United States; the Honorable John Ashcroft,
Attorney General of the United States; the Honorable Frank Murkowski,
Governor of Alaska; and to the Honorable Ted Stevens, and the Honorable
Lisa Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative,
members of the Alaska delegation in Congress.
That is the Alaska resolution.
California Senate Joint Resolution No. 10--Relative to the USA
PATRIOT Act. Approved by the California Senate, introduced by Senator
Figueroa.
WHEREAS, The State of California recognizes the Constitution of
the United States of America as our charter of liberty, and that the
Bill of Rights enshrines the fundamental and inalienable rights of Americans,
including freedoms of religion, speech, and privacy; and
WHEREAS, The State of California has a distinguished history of
safeguarding the freedoms of its residents; and
WHEREAS, Each of California's duly elected public servants are
sworn to defend and uphold the United States Constitution and the Constitution
of the State of California; and
WHEREAS, The State of California denounces and condemns all acts
of terrorism, wherever occurring; and
WHEREAS, Any new security measures of Federal, State, and local
governments should be carefully designed and employed to enhance public
safety without infringing on the civil liberties and rights of innocent
persons in the State of California and the Nation; and
WHEREAS, Certain provisions of the Uniting and Strengthening America
by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism
Act, also known as the USA PATRIOT Act, allow the government greater
authority to detain and investigate persons and to engage in surveillance
activities that may violate or offend the rights and liberties guaranteed
by our Federal and State Constitutions, including rights of due process,
the right to privacy, the right to counsel, protection against unreasonable
searches and seizures, and basic First Amendment freedoms; and
WHEREAS, The people of California are concerned that many provisions
of the USA PATRIOT Act pose significant threats to constitutional protections;
now, therefore, be it
Resolved by the Senate and Assembly of the State of California
jointly, That the State of California supports appropriate and effective
measures by the Government of the United States of America and the State
of California to combat terrorism and affirms its commitment that the
campaign not be waged at the expense of essential civil rights and liberties
of citizens of this country contained in the United States Constitution
and the Bill of Rights; and be it further
Resolved, That the State of California also urges its congressional
delegation to work to repeal any provisions of the USA PATRIOT Act that
limit or impinge on rights and liberties protected equally by the United
States Constitution and the California Constitution and to oppose any
pending and future Federal legislation to the extent that it would infringe
on Americans' civil rights and liberties; and be it further
Resolved, that the State of California will ensure that no State
resources be provided for any action that would violate the United States
Constitution or the Constitution of the State of California, including
but not limited to, all of the following:
(1) Collecting or maintaining information about the political,
religious, or social views, associations, or activities of any individual
group, association, organization, corporation, business or partnership,
unless the information directly relates to an investigation of criminal
activities, and there are reasonable grounds to suspect the subject
of the information is or may be involved in criminal conduct.
(2) Recording, filing, or sharing intelligence information concerning
a person or organization, including library lending and research records,
book and video sales and rental records, medical records, financial
records, student records and other personal data, even if authorized
under the USA PATRIOT Act.
(3) Demanding nonconsensual releases of student and faculty records
from public schools and institutions of higher learning.
(4) Eavesdropping on confidential communications between lawyers
and their clients.
(5) Engaging in racial profiling that enables law enforcement
agencies to use race, religion, ethnicity or national origin as factors
in selecting individuals to be subject to investigational activities,
except when seeking to apprehend a specific suspect whose race, religion,
ethnicity or national origin is part of the description of the suspect;
and be it further
Resolved, That the Secretary of State shall transmit copies of
this resolution to the President and the Vice President of the United
States and the Speaker of the House of Representatives, to the majority
leader of the Senate, and to each Senator and Representative from California
in the Congress, the Attorney General of the United States, and to all
Federal and State law enforcement agencies.
Mr. President, that is the second resolution. The third one is
from Colorado. Senate Joint Resolution 05-044 concerning the State's
commitment to Uphold Constitutional Rights in the Fight Against Terrorism,
approved by the Colorado General Assembly.
WHEREAS, The State of Colorado is committed to upholding the fundamental
and inalienable rights, including the freedoms of religion, speech,
assembly and privacy, that are enshrined in the Constitutions of the
United States and the State of Colorado; and
WHEREAS, Colorado's elected public servants have sworn to defend
and uphold the Federal and State Constitution; and
WHEREAS, The State of Colorado denounces and condemns all acts
of terrorism, wherever occurring; and
WHEREAS, The attacks that occurred on September 11, 2001, and
the continuing threat of terrorism underscore the need for strong and
effective laws and policy to protect the American public; and
WHEREAS, The security measures taken by Federal, State, and local
governments should be carefully designed and applied to enhance public
safety without infringing on the civil liberties and rights of innocent
people in the State of Colorado and throughout the Nation; and
WHEREAS, Certain provisions of the Federal ``Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act'', also known as the ``USA PATRIOT Act'', expand the power
of the Federal Government to detain and investigate people in the United
States and to engage in surveillance activities that may be inconsistent
with the rights and liberties guaranteed by the State and Federal constitutions;
now, therefore,
Be it Resolved by the Senate of the Sixty-fifth General Assembly
of the State of Colorado, the House of Representatives concurring herein:
(1) That the General Assembly supports the Government of the United
States in its campaign against terrorism and affirms its commitment
that the campaign not be waged at the expense of the essential civil
rights and liberties enshrined in the Constitution of the United States
and the State of Colorado;
(2) That it is the policy of the State of Colorado to oppose any
provision or application of the USA PATRIOT Act that would violate the
rights and liberties guaranteed by the State and Federal Constitutions;
(3) That, in accordance with the policy of this State, no agency
or instrumentality of the State should, without reasonable suspicion
of criminal activity under Colorado law:
(A) Initiate, participate in, assist, or cooperate with any inquiry,
investigation, surveillance, or detention; (b) Record, file, or share
intelligence information concerning any person or organization, including
library lending and research records, book and video store sales and
rental records, medical records, financial records, student records,
Internet mail and usage records, and other personal data, even if authorized
under the USA PATRIOT Act; or (c), Retain such intelligence information.
(4) That no agency or instrumentality of the State should: (A)
collect or maintain information about the political, religious, or social
views, associations, or activities of any individual, group, organization
or business entity, unless the information indirectly relates to an
investigation of criminal activities and there are reasonable grounds
to suspect that the subject of the information is involved in criminal
conduct; or (b) Use race, religion, ethnicity or national origin as
factors in selecting individuals to subject to investigatory activities,
except with respect to a specific suspect whose race, religion, ethnicity,
or national origin is part of the description of the suspect.
(5) The General Assembly urges the United States Congress to amend
provisions of the USA PATRIOT Act and other measures that infringe on
civil rights and liberties and imposes the enactment of future Federal
legislation that infringes on civil rights and liberties.
Be It Further Resolved, That copies of this joint resolution be
sent to the Honorable George W. Bush, President of the United States;
the Honorable Alberto Gonzalez, Attorney General of the United States;
the Honorable Bill Owens, Governor of Colorado; and the members of Colorado's
congressional delegation.
Now we go to Hawaii's resolution, the first one to pass. Senate Concurrent
Resolution Reaffirming the State of Hawaii's Commitment to Civil Liberties
and the Bill of Rights Approved by the Hawaii State legislature.
WHEREAS The Hawaii State legislature is committed to upholding
the United States Constitution and its Bill of Rights and the Hawaii
State Constitution and its Bill of Rights (Article I, Sections 1 through
22); and
WHEREAS The State of Hawaii has a distinguished history of safeguarding
the freedoms of its residents; and
WHEREAS The State of Hawaii is comprised of a diverse and multi-ethnic
population, and has experienced firsthand the value of immigration to
the American way of life; and
WHEREAS The residents of Hawaii during World War II experienced
firsthand the dangers of unbalanced pursuit of security without appropriate
checks and balances for the protection of basic liberties; and
WHEREAS The recent adoption of the USA PATRIOT Act and several
executive orders may unconstitutionally authorize the Federal Government
to infringe upon fundamental liberties in violation of due process,
the right to privacy, the right to counsel, protection against unreasonable
searches and seizures, and basic first amendment freedoms, all of which
are guaranteed by the constitutions of Hawaii and the United States;
and
WHEREAS The citizens of Hawaii are concerned that the actions
of the Attorney General of the United States and the United States Justice
Department are significant threats to constitutional protections; now,
therefore,
Be It Resolved by the Senate of the Twenty-second Legislature
of the State of Hawaii, Regular Session of 2003, the House of Representatives
concurring, that the State of Hawaii urges its congressional delegation
to work to repeal any sections of the PATRIOT Act or recent executive
orders that limit or violate fundamental rights and liberties protected
by the constitutions of Hawaii and the United States; and
Be It Further Resolved that to the extent legally possible, no
State resources--including law enforcement funds and educational administrative
resources--may be used for unconstitutional activities, including but
not limited to the following under the USA PATRIOT Act:
(1) Monitoring political and religious gatherings exercising their
First Amendment Rights;
(2) Obtaining library records, bookstore records, and Web site
activities without proper authorization and without notification;
(3) Issuing subpoenas through the United States Attorney's Office
without a court's approval or knowledge;
(4) Requesting nonconsensual releases of student and faculty records
from public schools and institutions of higher learning; and
(5) Eavesdropping on confidential communications between lawyers
and their clients.
Be It Further Resolved that certified copies of this concurrent
resolution be transmitted to Hawaii's delegation in the United States
Congress.
Now Idaho.
Stating findings of the Legislature concerning adoption of the
SAFE Act to limit certain provisions of the PATRIOT Act in order to
protect liberties of citizens of the United States and urging the congressional
delegation representing the State of Idaho in the Congress of the United
States to support the SAFE Act: House Joint Memorial No. 7, approved
by the Idaho State legislature.
We, memorialists, the House of Representatives and the Senate
in the State of Idaho assembled in the First Regular Session of the
Fifty-eighth Idaho Legislature, do hereby respectfully represent that:
WHEREAS, as citizens of the State of Idaho strongly believe that
basic civil liberties must be preserved and protected, even as we seek
to guard against terrorists and other threats to national security;
and
WHEREAS, there are some principles of our democracy which are
so fundamental to the rights of citizenship that they must be preserved
to guard the very liberties we seek to protect; and
WHEREAS, legislation known as the SAFE Act has been introduced
in the Congress of the United States to adopt amendments to the PATRIOT
Act which would address some of the most problematic provisions of that
act; and
WHEREAS, the SAFE Act amends the PATRIOT Act to modify the provisions
regarding the roving wiretaps to require that the identity of the target
be given and that the suspect be present during the time when surveillance
is conducted; and
WHEREAS, the SAFE Act revises provisions governing search warrants
to limit the circumstances when the delay of notice may be exercised
and to require reports to the Congress when delays of notice are used;
and
WHEREAS, the SAFE Act requires specific and articulable facts
to be given before business records are subject to investigation by
the Federal Bureau of Investigation; and
WHEREAS, the SAFE Act provides that libraries shall not be treated
as communication providers subject to providing information and transaction
records of library patrons; and
WHEREAS, it is appropriate that the legislature of the State of
Idaho, on behalf of the citizens of Idaho, express support of the efforts
of Senator Larry Craig to adopt the SAFE Act, and encourage full support
of the Idaho congressional delegation.
Now, therefore, be it resolved by members of the First Regular
Session of the Fifty-eighth Idaho Legislature, the House of Representatives
and the Senate concurring therein, that the Idaho legislature endorses
the efforts to amend the PATRIOT Act to ensure that it works well to
protect our security, but that it does not unnecessarily compromise
essential liberties of the citizens of the United States. We urge the
congressional delegation representing the State of Idaho in the Congress
of the United States to support legislation introduced by Senator Larry
Craig, known as the SAFE Act.
Mr. President, the Maine Resolution, Joint Resolution Memorializing
the President of the United States and the Congress of the United States
to Ensure the Protection of Civil Liberties and the Security of the
United States Approved by the Maine State Legislature.
We, your Memorialists, the Members of the One Hundred and Twenty-first
legislature of the State of Maine now assembled in the Second Special
Session, most respectfully present the petition of the President of
the United States and the United States Congress, as follows.
WHEREAS, the State of Maine recognizes that the Constitution of
the United States is our charter of liberty and that the Bill of Rights
enshrines the fundamental and inalienable rights of Americans, including
the freedoms of religion, speech, assembly, and privacy; and
WHEREAS, each of Maine's duly elected public servants have sworn
to uphold and defend the Constitution of the United States and the Constitution
of Maine; and
WHEREAS, the State of Maine denounces and condemns all acts of
terrorism, wherever occurring; and
WHEREAS, attacks against Americans such as those that occurred
on September 11, 2001 have necessitated the crafting of effective laws
to protect the public from terrorist attacks; and
WHEREAS, any new security measures of Federal, State, and local
governments should be carefully designed and employed to enhance public
safety, without infringing on the civil liberties and the rights of
any citizens in the State of Maine and the Nation; and
WHEREAS, matters relating to immigration are primarily Federal
in nature; and
WHEREAS, certain provisions of the ``Uniting and Strengthening
America by Providing Appropriate Tools to Intercept and Obstruct Terrorism
Act of 2001,'' commonly referred to as the USA PATRIOT Act, allow the
Federal Government more liberally to detain and investigate citizens
and engage in surveillance activities that may violate or offend the
rights and liberties guaranteed by our State and Federal Constitutions;
now therefore,
Be It Resolved: That we, Your Memorialists, on behalf of the people
we represent, take this opportunity to inform the President of the United
States and the United States Congress that the Maine State Legislature
supports the government of the United States of America in its campaign
against terrorism and affirms its commitment that the campaign not be
waged at the expense of essential civil rights and liberties of citizens
of this country contained in the Constitution of the United States and
the Bill of Rights; and be it further
Resolved: That the Maine State Legislature urges that the Federal
Government to continue to exercise its jurisdiction over immigration
matters and encourages the Federal Government to work cooperatively
with the States to provide assistance and training to protect our country;
and be it further
Resolved: That laws passed by the United States Congress to specifically
combat the threat of international terrorism should not be used in conducting
domestic law enforcement; and be it further
Resolved: That the Maine State legislature implores the United
States Congress to review the provisions in the USA PATRIOT Act and
other measures that may infringe on civil liberties and ensure any pending
and future Federal liberties.
AND BE IT FURTHER RESOLVED: That the Legislature calls upon our
United States Representatives and Senators to monitor the implementation
of the USA PATRIOT Act and related federal actions and, if necessary,
repeal those sections of the USA PATRIOT Act and related federal measures
that may infringe upon fundamental rights and liberties as recognized
in the United States Constitution and its amendments; and be it further
resolved that official copies of this resolution, duly authenticated
by the Secretary of State, be transmitted to the Honorable George W.
Bush, President of the United States, the Honorable John Ashcroft, Attorney
General of the United States; the Honorable John E. Baldacci, Governor
or the State of Maine; Richard Cheney, President of the United States
Senate; Dennis Hastert, Speaker of the United States House of Representatives;
and each member of the Maine Congressional Delegation.
Mr. President, Montana:
A Joint Resolution of the Senate and the House of Representatives
of the State of Montana supporting the Montana Constitution, the United
States Constitution, and the Bill of Rights; encouraging various actions
in support of fighting terrorism and protecting civil rights and civil
liberties; requesting the Attorney General of Montana to compile and
disseminate relevant information regarding actions taken by the Federal
Government under the USA PATRIOT Act; and encouraging Montana's congressional
delegation to support and ensure the civil rights of all Montanans and
citizens of the United States, which includes allowing the USA PATRIOT
Act to expire.
WHEREAS, the citizens of Montana recognize the Constitution of
the United States as our charter of liberty and that the Bill of Rights
enshrines the fundamental and inalienable rights of Americans, including
the freedoms of religion, speech, assembly, and privacy; and
WHEREAS, each of Montana's duly elected public servants has sworn
to defend and uphold the United States Constitution and the Constitution
of the State of Montana; and
WHEREAS, the citizens of Montana denounce and condemn all acts
of terrorism by any entity, wherever the acts occur; and
WHEREAS, terrorist attacks against Americans, such as those that
occurred on September 11, 2001, have necessitated the crafting of effective
laws to protect citizens of the United States and others from terrorist
attacks; and
WHEREAS, any new security measures of federal, state, and local
governments should be carefully designed and employed to enhance public
safety without infringing on the civil liberties and rights of innocent
citizens of Montana and the United States; and
WHEREAS, certain provisions of the ``Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act of 2001'', also known as the USA PATRIOT Act, allow the
federal government to more liberally detain and investigate citizens
and to engage in surveillance activities that may violate or offend
the rights and liberties guaranteed by our state and federal constitutions.
Now, therefore, be it resolved by the Senate and the House of
Representatives of the State of Montana:
That the 59th Montana Legislature supports the government of the
United States in its campaign against terrorism and affirms the commitment
of the United States that the campaign not be waged at the expense of
essential civil rights and liberties of citizens of this country that
are protected in the United States Constitution and the Bill of Rights.
BE IT FURTHER RESOLVED, that it is the policy of the citizens
of Montana to oppose any portion of the USA PATRIOT Act that violates
the rights and liberties guaranteed under the Montana Constitution or
the United States Constitution, including the Bill of Rights.
BE IT FURTHER RESOLVED, that in accordance with Montana state
policy, in the absence of reasonable suspicion of criminal activity
under Montana law, the 59th Montana Legislature exhorts agents and instrumentalities
of this state to not:
(1) initiate or participate in or assist or cooperate with an
inquiry, investigation, surveillance, or detention under the USA PATRIOT
Act if the action violates constitutionally guaranteed civil rights
or civil liberties;
(2) record, file, or share intelligence information concerning
a person or organization, including library lending and research records,
book and video store sales and rental records, medical records, financial
records, student records, and other personal data, even if authorized
under the USA PATRIOT Act, if the action violates constitutionally guaranteed
civil rights or civil liberties; or
(3) retain any of the intelligence information described in subsections
(1) and (2) of this clause if the information violates constitutionally
guaranteed civil rights or civil liberties.
BE IT FURTHER RESOLVED, that the Attorney General of Montana is
encouraged to review intelligence information currently held by the
state, assess the legality and appropriateness of holding the information
under the United States Constitution and Montana Constitution, and permanently
dispose of all such information to which there is not attached a reasonable
suspicion of criminal activity.
BE IT FURTHER RESOLVED, that the 59th Montana Legislature admonishes
every agency and instrumentality of the state to not:
(1) use state resources or institutions for the enforcement of
federal immigration matters that are the responsibility of the federal
government;
(2) collect or maintain information about the political, religious,
or social views, associations, or activities of any individual, group,
association, organization, corporation, business, or partnership unless
the information directly relates to an investigation of criminal activities
and there are reasonable grounds to suspect that the subject of the
information was, is, or may be involved in criminal conduct; or
(3) engage in racial profiling.
BE IT FURTHER RESOLVED, that state and local law enforcement agencies
should not use race, religion, ethnicity, or national origin as factors
in selecting individuals to subject to investigatory activities, except
when seeking to apprehend a specific suspect whose race, religion, ethnicity,
or national origin is part of the description of the suspect.
BE IT FURTHER RESOLVED, that the 59th Montana Legislature requests:
(1) public schools and institutions of higher learning within
Montana to provide notice to each individual whose education records
have been obtained by law enforcement agents pursuant to section 507
of the USA PATRIOT Act; and
(2) each public library within Montana to post in a prominent
place within the library a notice to library users as follows: ``WARNING:
Under Section 215 of the federal USA PATRIOT Act (Public Law 107-56),
records of the books and other material you borrow from this library
may be obtained by federal agents. Federal law prohibits librarians
from informing you if records about you have been obtained by federal
agents. Questions about the law and policy that allows federal agents
to obtain and use information about your activities in this library
should be directed to: U.S. Attorney General, Department of Justice,
Washington, DC 20530''.
BE IT FURTHER RESOLVED, that the 59th Montana Legislature encourages
the Attorney General of Montana to periodically seek from federal authorities
the following information in a form that facilitates an assessment of
the effect of federal anti ter ror ism efforts on the residents of Montana:
(1) the name of each resident of Montana who has been arrested
or otherwise detained by federal authorities as a result of terrorism
investigations since September 11, 2001, the location of each detainee,
the circumstances that led to each detention, the charges, if any, lodged
against each detainee, and the name of counsel, if any, representing
each detainee;
(2) the number of search warrants that have been executed in Montana
pursuant to section 213 of the USA PATRIOT Act and without notice to
the subject of the warrant;
(3) the extent of electronic surveillance carried out in Montana
under powers granted in the USA PATRIOT Act;
(4) the extent to which federal authorities monitor political
meetings, religious gatherings, or other activities within Montana that
are protected by the First Amendment;
(5) the number of times that education records have been obtained
from public schools and institutions of higher learning in Montana under
section 507 of the USA PATRIOT Act;
(6) the number of times that library records have been obtained
from libraries in Montana under section 215 or section 505 of the USA
PATRIOT Act; and
(7) the number of times that records of the books purchased by
store patrons from bookstores in Montana have been obtained under section
215 of the USA PATRIOT Act.
BE IT FURTHER RESOLVED, that the 59th Montana Legislature requests
the Attorney General of Montana to compile and transmit to each member
of the Legislature, at least once every 6 months, a summary of the information
obtained pursuant to the legislative requests made in this resolution
and, based on the information and any other relevant information, to
include an assessment of the effect of federal antiterrorism efforts
on the residents of Montana.
BE IT FURTHER RESOLVED, that the 59th Montana Legislature desires
that all public libraries adopt policies that ensure the regular destruction
of records, when the records are no longer needed, that may be used
to identify the name of a book borrower or the name of any Internet
user.
BE IT FURTHER RESOLVED, that in order to protect intellectual
privacy rights, the 59th Montana Legislature advises all persons in
local businesses and institutions, particularly booksellers, to refrain
whenever possible from keeping records that can be used to identify
the name of any purchaser and to regularly destroy sales records maintained
by the business or institution.
BE IT FURTHER RESOLVED, that the 59th Montana Legislature urges
the Montana delegation in the United States Congress to:
(1) correct provisions in the USA PATRIOT Act and other administrative
measures that infringe on civil liberties by supporting the sunset provisions
of the USA PATRIOT Act, slated to be reviewed by Congress in 2005, and
ultimately allow the USA PATRIOT Act to expire; and
(2) support passage of the Security and Freedom Ensured Act of
2003 and the End Racial Profiling Act of 2004.
BE IT FURTHER RESOLVED, that the 59th Montana Legislature urges
the Montana Congressional Delegation to vigorously oppose any pending
and all future federal legislation if the legislation infringes on the
civil rights and civil liberties of American citizens. Federal legislation
that the Montana Congressional Delegation is encouraged to oppose includes
but is not limited to the Domestic Security Enhancement Act of 2003,
also known as Patriot Act II.
BE IT FURTHER RESOLVED, that the Secretary of State send a copy
of this resolution to President George W. Bush, the Attorney General
of the United States, Governor Brian Schweitzer, Senator Max Baucus,
Senator Conrad Burns, and Representative Dennis Rehberg.
Mr. President, now we turn to Vermont.
Joint resolution strongly urging the President to revise executive
orders and policies, and for Congress to amend provisions of the U.S.A.
Patriot Act, which seriously erode fundamental civil liberties.
Approved by: Vermont State Senate.
WHEREAS, on September 11, 2001, for the first time since the War
of 1812, the continental United States was subjected to an attack from
abroad when terrorists commandeered four commercial airliners and destroyed
the World Trade Center in New York City and caused significant damage
to the Pentagon, and
WHEREAS, in response to these tragic and devastating events, which
cost nearly 3,000 innocent American lives, Congress adopted the U.S.A.
Patriot Act (Public Law 107-56) which is intended to enable the federal
government to act more authoritatively in preventing future attacks,
and
WHEREAS, while the prevention of future terrorist attacks is a
critical national priority, it is equally important to preserve the
fundamental civil liberties and personal freedoms which were enshrined
in the Bill of Rights over 200 years ago, and which have been preserved
through a constant vigilance and outcry against periodic threats to
their existence, and
WHEREAS, while sunset review dates were attached to certain provisions,
the final bill remains, perhaps, the most severe legislative attack
on civil liberties since the passage of the Alien and Sedition Acts
in the 1790s, and
WHEREAS, under the auspices of both the U.S.A. Patriot Act and
related executive orders, persons from the Middle East and South Asia
have been unjustly targeted for interrogation and possible deportation,
and
WHEREAS, the ability of the Central Intelligence Agency to engage
in domestic spying activities, with tragic repercussions, fortunately
halted in the 1970s, but is now being revived pursuant to sections 223
and 901 of the Act, and
WHEREAS, section 213 greatly lowers the threshold required for
a court to issue a search warrant, and
WHEREAS, section 216 nearly eliminates judicial supervision of
telephone and internet surveillance, and
WHEREAS, section 411 gives the U.S. Attorney General extraordinarily
broad authority to designate domestic groups as ``terrorist organizations,''
and
WHEREAS, both sections 411 and 412 subject noncitizens to indefinite
detention or deportation even if they have not committed a crime, and
WHEREAS, several sections of the bill, including 215, 218, 358,
and 508, permit law enforcement authorities to have broad access to
sensitive mental health, library, business, financial, and educational
records despite the existence of previously adopted state and federal
laws which were intended to strengthen the protection of these types
of records, and
WHEREAS, there has been an especially strong outcry in Vermont
against the ability of federal authorities, under section 215 of the
Act, to obtain judicially-issued warrants for library or bookstore patron
records based on minimal information, and the accompanying prohibition
on librarians and bookstore personnel from revealing any information
regarding the request, and
WHEREAS, this provision runs directly counter to the intent of
the Vermont General Assembly to protect the privacy of a library patron's
records as codified in Title 3 §317(c)(19) of the Vermont Statutes
Annotated, and the code of ethics of the American Library Association,
and Whereas, both the Fletcher Free Library Commission and the Vermont
Library Association have expressed their strongest possible concerns
that the U.S.A. Patriot Act undermines constitutionally-guaranteed rights
and the privacy of library patrons, and
WHEREAS, Congressman Bernard Sanders has announced his intention
to sponsor legislation to exempt libraries and booksellers from the
disclosure requirements of the U.S.A. Patriot Act, and
WHEREAS, a number of municipal legislative bodies, including the
Burlington City Council, have expressed their deep concerns relative
to the U.S.A. Patriot Act's historic degradation of civil liberties,
and
WHEREAS, the law gravely threatens the civic values, personal
freedoms, and rights that constitute the foundation of our national
existence, now therefore be it Resolved by the Senate and House of Representatives:
That the General Assembly strongly urges the President and members of
the executive branch to review and revise executive orders and policies
which have been adopted since September 11, 2001, and be it further
RESOLVED: That the General Assembly strongly urges the United
States Congress to revise the U.S.A. Patriot Act in order to restore
and protect our nation's fundamental civil liberties, and, in particular,
to enact Representative Sanders' proposal to exempt libraries and bookstores
from the provisions of the Act, and be it further
RESOLVED: That the General Assembly requests that the office of
the Vermont Attorney General offer legal support to any public library
which is subject to a federal suit or administrative enforcement action
for refusing to comply with the provisions of the Act related to library
patrons' records, and be it further
RESOLVED: That the Secretary of State be directed to send a copy
of this resolution to the President of the United States, to each member
of the Vermont Congressional Delegation, and to Keith M. Fiels, Executive
Director of the American Library Association, in Chicago.
There you have it. Those are the eight State government resolutions,
but more than 400 total resolutions and ordinances have been passed,
the rest by local, city, and county governments. In fact, on December
13, just 3 days before the first cloture vote on the conference report,
the town of Coupeville, WA, became the 400th community or State to pass
a resolution to reflect its citizens' concerns about the impact of the
PATRIOT Act on constitutional rights. And since then four additional
communities have passed resolutions, not to mention the California State
resolution I just read.
Let me read a few of these county and city resolutions. I can do more
later. Why don't we begin with the four passed in my State of Wisconsin.
Douglas County, this is one of the northern most counties in the
State.
Resolution by the Douglas County Board of Supervisors, Subject
U.S.A. PATRIOT Act, approved by Douglas County Board of Supervisors.
WHEREAS, Douglas County, Wisconsin, recognizes the Constitution
of the United States of America to be the supreme law of the land, which
all public servants are sworn to uphold, superceding all administrative
rules, local ordinances, state statutes and federal laws, and
WHEREAS, Douglas County, Wisconsin, recognizes that the Bill of
Rights, as represented in Exhibit H-5-03, embodies the rights of citizenship
that have made the United States of America the land of freedom for
more than 200 years, and
WHEREAS, Douglas County, Wisconsin, and the United States have
benefited greatly through the constitutional rights and liberties afforded
their diverse citizenry, in freedom of speech and assembly, equality
before the law and the presumption of innocence, access to counsel and
due process in judicial proceedings, and protection from unreasonable
searches and seizures, and
WHEREAS, Douglas County, Wisconsin, affirms its strong opposition
to terrorism, and further affirms that any efforts to end terrorism
not be waged at the expense of our civil rights and liberties, and
WHEREAS, in the aftermath of the September 11, 2001 terrorist
attack, in an effort to unite and strengthen America, and to combat
terrorism, Congress passed the USA Patriot Act, and
WHEREAS, it has become apparent that the USA Patriot Act weakens
the constitutional protections for every United States citizen as follows:
(1) First Amendment rights, which guarantee ``freedom of religion,
of speech, to peaceably assemble, and to petition the government for
a redress of grievances,'' are compromised by USA Patriot Act, Sections
802 and 215;
(2) Fourth Amendment protections, which guarantee the ``right
of the people to be secure in their persons, houses, papers and effects,
against unreasonable searches and seizures,'' are compromised by USA
Patriot Act Sections 203, 206, 213, and 218; and
(3) Fifth Amendment protections of due process and attorney-client
confidentiality are compromised.
NOW, THEREFORE, BE IT RESOLVED, that the Douglas County Board
of Supervisors expresses deep concern over any compromise of constitutional
freedoms which protect civil rights and liberties for all people of
the United States.
BE IT FURTHER RESOLVED, that the Douglas County Board of Supervisors
affirms its strong opposition to terrorism, but also affirms that any
efforts to end terrorism should not be waged at the expense of fundamental
civil rights and liberties, and that a threat to one person's constitutional
rights is a threat to the rights of all.
BE IT STILL FURTHER RESOLVED, that the Douglas County Board of
Supervisors requests that United States representatives and senators
closely monitor implementation of the USA Patriot Act, as well as Executive
Orders issued pursuant to the Act, and actively work to repeal those
Sections of the USA Patriot Act that threaten the essential civil rights
and liberties of all Americans.
BE IT STILL FURTHER RESOLVED, that any enhancement to the USA
Patriot Act, such as USA Patriot Act II (aka Domestic Security Act of
2003), be forestalled until such time as enhancements or changes are
done in full view of American citizens.
BE IT STILL FURTHER RESOLVED, that upon passage, a copy of this
resolution shall be provided to Governor James Doyle, Senator Robert
Jauch, Representative Frank Boyle, each Wisconsin congressional delegate,
United States Attorney General John Ashcroft, Secretary of State Colin
Powell, and President George W. Bush.
Next, a resolution from the northwestern part of Wisconsin, Eau
Claire, WI, a resolution of the City of Eau Claire, WI, approved by
the Eau Claire City Council.
WHEREAS, the City of Eau Claire and its citizens being governed
by the United States Constitution and the Constitution of the State
of Wisconsin; and
WHEREAS, the City of Eau Claire acknowledges that both the United
States and Wisconsin Constitutions guarantee her citizens freedom of
speech, freedom to peaceably assemble, freedom from unreasonable searches
and seizures, freedom of religion, freedom to petition the government
for grievances and protection of the rights of the accused; and
WHEREAS, the City of Eau Claire is home to a diverse population,
including citizens of other nations, whose contributions to the community
are vital to its charter and function; and
WHEREAS, the City Council of the City of Eau Claire, while a strong
opponent of terrorism and a strong proponent for the safety and security
of its citizens, believes that efforts to maintain and enhance public
safety and security should not infringe on the essential civil rights
and liberties of the people of Eau Claire; and
WHEREAS, the City of Eau Claire recognizes and honors all those
who have served in the Armed Forces of the United States of America,
and has with gratitude for their supreme sacrifice memorialized those
in the Armed Forces who have died in battle to secure and protect these
same cherished rights and liberties; and
WHEREAS, sections of the USA PATRIOT Act now threaten these fundamental
rights and liberties; and
WHEREAS, many citizens of Eau Claire, surrounding communities,
and other communities across the nation are concerned that the USA PATRIOT
Act threatens the civil rights and liberties of citizens of the United
States and other nations by
so broadly defining ``domestic terrorism'' that any citizens who
use direct action to further their political causes are vulnerable to
prosecution as ``domestic terrorists'' (Sec. 802 of the USA PATRIOT
Act);
authorizing federal agents to conduct covert searches of a person's
home or office without notice of the execution of a search warrant until
after the search has been completed, in some cases up to 90 days later
(Sec. 213 of the USA PATRIOT Act);
requiring the surrender of ``any tangible things (including books,
records, papers, documents and other items)'' and without limits as
to the parties from whom the seizure of the above-mentioned tangible
things can be required (Sec. 215 of the USA PATRIOT Act);
authorizing the government to install tracking devices on Internet
Service Providers which are capable of intercepting all forms of Internet
activity, e-mail messages, web page activity and Internet telephone
communications whether the client is targeted in an investigation or
not (Sec. 216 of the USA PATRIOT Act);
allowing searches to take place without probable cause of criminal
conduct (Sec 218 of the USA PATRIOT Act); and
authorizing the United States Attorney General to detain indefinitely
non-citizens on immigration violations and to arrest material witnesses
not charged with any crime (Sec 412 of the USA PATRIOT Act).
WHEREAS, the City of Eau Claire recognizes that to date some 236
cities, towns, counties and states in the United States of America have
passed resolutions, ordinances or ballot initiatives protecting the
civil liberties of their residents;
Therefore, we the City Council of Eau Claire, Wisconsin, acting
in the spirit of liberty, and to preserve those liberties guaranteed
by the Constitutions of the United States of America and the State of
Wisconsin, do hereby request that local, state, and federal law enforcement
continue to preserve residents' freedom of speech, religion, assembly,
and privacy;
1. Rights to counsel and due process in judicial proceedings;
and protection from unreasonable searches and seizures, detentions and
racial profiling;
2. The Wisconsin Congressional delegation actively work for the
repeal of those portions of the Act and its extensions, including ``Patriot
Act II'' and national security letters, that violate the rights and
liberties guaranteed by the United States Constitution; and
3. The City Clerk communicate this resolution to all City and
County departments and employees, Wisconsin's Congressional delegation,
the Governor and Attorney General of the State of Wisconsin, and the
President and Attorney General of the United States.
Now to the south-central part of the State, our State Capital, Madison,
WI, a Resolution to Defend the Bill of Rights and Civil Liberties, approved
by the Madison City Council.
WHEREAS, the City of Madison recognizes the Constitution of the
United States of America to be the supreme law of the land, which all
public servants are sworn to uphold, superceding all administrative
rules, local ordinances, state statutes and federal laws;
WHEREAS, the City of Madison has a long and proud tradition of
upholding the free exercise and enjoyment of the inalienable rights
granted to all persons by the Universal Declaration of Human Rights
and the Constitution of the United States of America;
WHEREAS, the City of Madison greatly benefits from the many contributions
of its highly diverse population, which includes citizens from around
the world, and is vital to our city's unique character;
WHEREAS, the City of Madison affirms its strong opposition to
terrorism, but also affirms that any efforts to end terrorism not be
waged at the expense of essential civil rights and liberties of the
people of Madison, the United States and the World;
WHEREAS, the provisions of the USA Patriot Act expands the authority
of the federal government to detain and investigate citizens and non-citizens
and engage in electronic surveillance of citizens and non- citizens
and threatens civil rights and liberties guaranteed under the United
States Constitution;
WHEREAS, the City of Madison recognizes that such infringement
of the constitutionally guaranteed rights of any person, under the color
of law, is an abuse of power, a breach of the public trust, a misappropriation
of public resources, a violation of civil rights and is beyond the scope
of governmental authority;
IT IS THEREFORE RESOLVED, that the City of Madison remains firmly
committed to the protection of civil rights and civil liberties for
all people. The City of Madison will completely avoid discrimination
in every function of city government, and vigorously uphold the constitutionally
protected rights of all persons to peacefully protest and express their
political views without any form of governmental interference.
IT IS FURTHER RESOLVED, that the City of Madison joins communities
across the nation in expressing concern that the USA PATRIOT Act threatens
civil rights and liberties guaranteed under the United States Constitution.
IT IS FURTHER RESOLVED, and is the policy of the City of Madison,
to forbid in the absence of probable cause of criminal activity:
1. Any initiation of, participation in, assistance or cooperation
with any inquiry, investigation, surveillance or detention; and
2. The recording, filing and sharing of any intelligence information
concerning any person or organization, even if authorized by federal
law enforcement, acting under new powers granted by the USA PATRIOT
Act or Executive Orders. This includes collection and review of library
lending and research records, as well as book and video store sales
and/or rental records; and
3. The retention of intelligence information.
Information that is currently held shall be thoroughly and carefully
reviewed by the City Attorney or other appropriate City official to
be designated by the Mayor, for its legality and appropriateness, using
the United States and Wisconsin Constitutions. Any information that
was collected is permanently disposed of if there is no probable cause
of criminal activity; and
4. Enforcement of immigration matters, which are entirely the
responsibility of the Immigration and Naturalization Service. No city
service will be denied on the basis of citizenship; and
5. Profiling based on race, ethnicity, citizenship, religion,
or political values.
IT IS FURTHER RESOLVED, that any state or federal law enforcement
agencies working within the City of Madison comply with the policies
and procedures of the Madison Police Department, and regularly report
to the Mayor the extent and manner in which they have acted under the
USA PATRIOT Act or new Executive Orders. This includes the names of
any detainees held in the Madison area, or any Madison residents detained
elsewhere. The Mayor will then publicly report to the Common Council.
IT IS FURTHER RESOLVED, that the City Clerk communicate this resolution
to all city departments, the Governor and Attorney General of the State
of Wisconsin, the President and Attorney General of the United States
of America and to call upon our congressional representatives to actively
work to repeal the USA PATRIOT Act.
IT IS FINALLY RESOLVED THAT, this Resolution shall be severable
if any phrase, clause, sentence or provision of this Resolution is declared
by a court of competent jurisdiction to be contrary to the Constitution
of the United States of America or the State of Wisconsin. If the applicability
thereof to any agency, person or circumstances is held invalid, the
validity of the remainder of this Resolution and applicability thereof
to any other agency, person or circumstances shall not be affected thereby.
Finally, our largest city, Milwaukee, WI. Resolution Affirming
the Protection of Citizens' Civil Rights and Civil Liberties. Approved
by: Milwaukee City Council.
Whereas, The city of Milwaukee denounces terrorism and acknowledges
that Federal, state and local governments have a responsibility to protect
the public from terrorist attacks and uphold:
1. Freedom of speech, religion, assembly and privacy,
2. The right to counsel and due process in judicial proceedings,
and
3. Protection from unreasonable searches, seizures and detention;
and
WHEREAS, the members of the Common Council believe that there
is no inherent conflict between national security and the preservation
of liberty--Americans can be both safe and free; and
WHEREAS, Federal, state and local governments should protect the
public from terrorist attacks, such as those that occurred on September
11, 2001, but should do so in a rational and deliberative fashion in
order to ensure that security measures enhance the public safety without
impairing constitutional rights or infringing on civil liberties; and
WHEREAS, the City of Milwaukee is grateful for the supreme sacrifice
of military veterans and law enforcement officers who have died in protecting
this country's cherished rights and liberties; and
WHEREAS, the U.S. Congress passed the USA PATRIOT Act on October
26, 2001 with little debate, following the attacks on the United States
on September 11, 2001; and
WHEREAS, sections of the USA PATRIOT Act and several Executive
Orders, now threaten fundamental rights and liberties, which are guaranteed
by the Constitution of the State of Wisconsin and the United States
Constitution and its Bill of Rights; the sections of the Act which threaten
these human rights and liberties include:
Section 213 which permits law enforcement to perform searches
with no one present and to delay notification of the search of a citizen's
home.
Section 215 which permits the FBI Director to seek records from
bookstores and libraries including books of patrons based on minimal
evidence of wrongdoing and prohibits librarians and bookstore employees
from disclosing the fact that they have been ordered to produce such
documents.
Section 218 which dilutes the ``probable cause'' requirement before
conducting secret searches or surveillance to obtain evidence of a crime.
Section 215, 218, 358, and 508 which permit law enforcement authorities
to have broad access to sensitive mental health, library, business,
financial and educational records despite the existence of previously
adopted state and federal laws which were intended to strengthen the
protection of these types of records; and
WHEREAS, the City of Milwaukee has a commitment to uphold the
human rights of all persons in Milwaukee and the free exercise and enjoyment
of any and all rights and privileges secured by our constitutions and
laws of the United States, the State of Wisconsin and the Charter of
the City of Milwaukee; now, therefore, be it
RESOLVED, by the Common Council of the City of Milwaukee, that
the Common Council expresses its support of protection of citizens'
human rights and civil liberties and opposition to those provisions
of the USA PATRIOT Act that threaten those rights and liberties; and,
be it
FURTHER RESOLVED, That the Common Council recognizes the crucial
distinctions between:
Legal and peaceful demonstrations and protests, which are protected
by the U.S. and Wisconsin constitutions and laws.
Acts of protest involving civil disobedience of minor law infractions
such as disorderly conduct.
Acts of terrorism, which would involve serious threats or violence,
such as kidnapping or serious bodily injury to a civilian population;
and, be it
FURTHER RESOLVED, That the Common Council affirms its commitment
to uphold civil rights and civil liberties and therefore expresses its
opposition to:
( a) investigation of individuals or groups of individuals based
on their participation in activities protected by the First Amendment,
such as political advocacy or the practice of religion, without reasonable
suspicion of criminal activity, and
(b) racial, religious or ethnic profiling; and, be it
FURTHER RESOLVED, That the Common Council calls upon Wisconsin's
federal legislators to monitor the implementation of the USA PATRIOT
Act and related federal actions and to actively work for the repeal
of those sections of the USA PATRIOT Act that unduly infringe upon fundamental
rights and liberties as recognized in the U.S. Constitution; and, be
it
FURTHER RESOLVED, That the Common Council urges Wisconsin's federal
legislators to support and co-sponsor the Security and Freedom Ensured
Act of 2003 (SAFE Act) and urges Congressman F. James Sensenbrenner,
chair of the House Judiciary Committee, to schedule hearings on the
SAFE Act; and, be it
FURTHER RESOLVED, That the City of Milwaukee opposes any unfunded
federal mandates instructing local police to attempt to enforce the
complex civil immigration laws of the U.S. to the detriment of their
primary law enforcement duties, as articulated by the Boston Police
Commissioner: ``turning all police officers into immigration agents
..... will discourage immigrants from coming forward to report crimes
and suspicious activity, making our streets less safe as a result'';
and, be it
FURTHER RESOLVED, That the City of Milwaukee remains committed
to the protection of civil rights and civil liberties for all people
and will uphold the constitutionally protected rights of all people
to peacefully express their political views without governmental interference
and that officers of the Milwaukee Police Department be trained consistent
with the above principles; and, be it
FURTHER RESOLVED, That the Common Council opposes requests by
federal authorities that, if granted, would cause agencies of the City
of Milwaukee to exercise powers or cooperate in the exercise of powers
in violation of any city ordinance or the laws or Constitution of the
State of the United States; and, be it
FURTHER RESOLVED, That in order to assess the effect of antiterrorism
initiatives on the residents of the City of Milwaukee, the Common Council
calls upon federal officials to make periodic reports, consistent with
the Freedom of Information Act; and, be it
FURTHER RESOLVED, That the City of Milwaukee joins 43 million
Americans, 250 communities in 37 states across the nation and the National
League of Cities as of February 24, 2004 in expressing concern that
existing elements of the USA PATRIOT Act threaten civil rights and liberties
guaranteed under the U.S. Constitution.
Mr. President, I shared with my colleagues the resolutions of all
eight States in this country, all the way from Alaska to Maine, that
express deep concerns about provisions of the USA PATRIOT Act. This
was our opportunity to respond to the voices of those legislatures and
the people of those States, to their heartfelt concerns about the degradation
of their civil liberties. Many of these are not liberal States. Many
of these are some of the reddest of the red States, to put it into common
parlance, and they are some of the strongest States when it comes to
the question of whether someone's library records or business records
should be obtainable on no showing whatever--whatever--that someone
is connected either to terrorism or any kind of wrongdoing at all. That
is American common sense, whether you are standing in Maine, Wisconsin,
or Alaska.
I only shared 4 of the 400 resolutions from city councils and county
governments that essentially say the same thing. But I did share four
from all over my State of Wisconsin where I believe the sentiment is
strong that there simply is no reason why we cannot get the balance
right, why we can't always err on the side of more government power,
where the feeling is that somehow we are capable in this Congress and
in this Government and in this country of getting the terrorists and
stopping the terrorists, but also protecting the fundamental rights
on which this country is founded.
It is not just my words. I happen to have been the only person to
vote against the original USA PATRIOT Act in this Senate. But what I
have begun to share is the fact that hundreds and hundreds of governmental
units across this country have passed resolutions by the elected representatives
in those communities or in those States, saying, wait, there are problems
with the USA PATRIOT Act and they must be fixed.
I suggest the absence of a quorum.
| 