[Peace-discuss] Patriot Act resolution for U/C city councils

[C. G. Estabrook]

[This is a draft based on resolutions passed by some two dozen
municipalities across the country; see the Bill of Rights Defense
Committee, www.bordc.org. --CGE]
 
	A RESOLUTION REGARDING
	THE "USA PATRIOT ACT" AND
	INVASIONS OF CIVIL LIBERTIES

WHEREAS the citizens of our city recognize that the diversity of our
population is vital to our community's character, and that we have a
tradition of protecting and expanding human rights and civil liberties for
all of our residents, including non-citizens and recent immigrants;

WHEREAS the Declaration of Independence of the United States holds as
self-evident that all people are created equal and are endowed with the
unalienable rights of life, liberty, and the pursuit of happiness;

WHEREAS the First Amendment of the United States Constitution specifies
that no law be made "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";

WHEREAS the Fourth Amendment declares that "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";

WHEREAS the Fifth Amendment states that no person "shall be compelled in
any criminal case to be a witness against himself";

WHEREAS the Sixth Amendment guarantees defendants "the right to a speedy
and public trial, by an impartial jury, 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 defense";

WHEREAS the Eighth Amendment states that "excessive bail shall not be
required, nor excessive fines imposed, nor cruel and unusual punishments
inflicted";

WHEREAS the Fourteenth Amendment prohibits the government from denying "to
any person within its jurisdiction the equal protection of the laws";

WHEREAS these rights and liberties are incorporated into Article I, the
Bill of Rights, of the Constitution of the State of Illinois; and

WHEREAS these precious rights and liberties may now be threatened by

[1] "The USA PATRIOT Act," which all but eliminates judicial supervision
of the surveillance of communication by telephone and internet; greatly
expands the government's ability to conduct secret searches; gives the
Attorney General and the Secretary of State the power to designate
domestic groups as "terrorist organizations"; and grants the Federal
Bureau of Investigation broad access to sensitive medical, mental health,
financial and educational records about individuals without their having
to show evidence of a crime and without a court order;

[2] Federal Executive Orders, which establish secret military tribunals;
permit surveillance of conversations between federal prisoners and their
lawyers; lift Justice Department regulations against covet operations by
the FBI that in the past targeted domestic groups and individuals; limit
the disclosure of public documents and records under the Freedom of
Information Act;

[3] the Department of Homeland Security, which violates fundamental
principles of open governance by (a) being exempt from the Freedom of
Information Act, thereby drastically limiting the agency's responsibility
to answer public questions, and (b) being allowed to waive the safeguards
contained in the federal Whistleblower Protection Act; and

[4] the Immigration and Naturalization Service, which is imprisoning
people of certain national backgrounds on the basis of complex and
captious regulations,

THEREFORE, BE IT RESOLVED, THAT THIS COUNCIL

[1] calls upon our municipal government, Illinois state representatives
and senators, and United States representatives and senators to monitor
the continuing implementation of the acts and orders cited herein and
actively work for the repeal of all federal and state legislation that
violates those fundamental rights and liberties;

[2] orders all local law enforcement personnel and other city officials
and employees carefully to protect city residents' freedoms of speech,
religion, assembly, and privacy; rights to counsel and due process in
judicial proceedings; and freedom from unreasonable searches and seizures;
and that all such city officials do so even if requested or authorized to
infringe upon these rights by federal law enforcement personnel acting
under powers supposedly granted by the USA PATRIOT Act or orders of the
executive branch;

[3] warns all federal, state, and local law enforcement officials acting
within the city to take great care not to engage in or permit detentions
without charges or racial profiling by any government agency;

[4] insists that the U.S. Attorney's office, the Federal Bureau of
Investigation, the Illinois State Police, and any other federal, state or
local law enforcement officials with any such information report to this
council regularly and publicly the extent and manner in which they have
acted under the USA PATRIOT Act and the executive orders, including
disclosing the names of any detainees held in the area or any city
residents detained here or elsewhere;

[5] urges all citizens and resident of the city to increase vigilance and
act against all attacks on civil liberties and freedom of thought and
expression; and

[6] directs the city clerk to communicate this resolution to all city
departments, the state police, the governor and the attorney general of
the state of Illinois, our delegations to the General Assembly and
Congress, the local U.S. Attorney's office, the United States Attorney
General, and the President of the United States;

AND BE IT FURTHER RESOLVED, that provisions of this resolution shall be
severable, and 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 or of the Constitution of the
State of Illinois, or if the applicability thereof to any agency, person,
or circumstances is held invalid, the validity of the remainder of this
resolution and the applicability thereof to any other agency, person or
circumstances shall not be affected thereby.

[AN ALTERNATE, SHORTER CONCLUSION.]

THEREFORE, BE IT RESOLVED, THAT THIS COUNCIL

[1] deplores the unconstitutional implications of the USA PATRIOT Act and
the other acts and orders cited herein; and

[2] directs the officials of this city -- notably the police - to provide
only the minimum legal cooperation with federal and state authorities in
actions under those acts and orders; and

[3] urges all citizens and resident of the city to increase vigilance and
act against all attacks on civil liberties and freedom of thought and
expression.

	--end--