RESOLUTION IN OPPOSITION TO THE USA PATRIOT ACT

June 2003

• WHEREAS, the Humboldt County Democratic Central Committee has been and remains committed to the protection of civil rights and liberties for all people as expressed in the Constitutions of the United States of American and the State of California
• WHEREAS, the Humboldt County Democratic Central Committee hereby reaffirms its support of the Constitution of the United States of America and the Constitution of the State of California.
• WHEREAS, the Bill of Rights of the Constitution of the United States of America and the Constitution of the State of California guarantee certain rights concerning:
• Freedom of speech and peaceful assembly
• The assistance of counsel in criminal prosecutions and due process concerning deprivation of life, liberty or property; and
• Protection from unreasonable searches and seizures

• WHEREAS, the USA PATRIOT Act, Federal legislation also known as HR 3162 or Public Law 107-56, and associated orders and rules of the executive branch, now threaten these fundamental rights and liberties by:
• Authorizing the indefinite incarceration of citizens designated as enemy combatants , without access to counsel or meaningful recourse to the courts;
• Authorizing indefinite incarceration of non-citizens based upon mere suspicion, without access to counsel or meaningful recourse to the courts;
• Substantially reducing judicial supervision of telephone and Internet surveillance;
• Substantially expanding the government s ability to conduct secret searches;
• Granting the U.S. Attorney General and Secretary of State the power to designate domestic groups conducting legitimate activity as terrorist organizations;
• Granting the Federal Bureau of Investigation broad access to sensitive medical, mental health, financial, library, bookstore purchase and educational records about individuals without having to show evidence of a crime and without presenting or even obtaining a court order;
• Imposing prosecution on any keeper of records who divulges the search; and
• Allowing secret searches of homes and offices, thus undermining an individual s right to be secure in one s home without facing unreasonable searches and seizures;

• WHEREAS, many other political bodies and communities in the U.S. have enacted similar resolutions in order to make a statement, affect government policy and demand accountability from law enforcement regarding the implementation of these new powers;
• WHEREAS, this Resolution is not intended to inhibit or prevent apprehension, trial, or conviction of people who have carried out or planned attacks against the United States or any other country, but to state our belief that we are still a nation based on laws and that a threat to any one person s Constitutional rights is a threat to the rights of us all.
• WHEREAS the Declaration of Independence of the United States holds as self-evident that all people are created equal and are endowed with unalienable rights of life, liberty, and the pursuit of happiness;
• WHEREAS the extent of the enumerated powers of the federal government as listed in Article 1, Section 8 of the United States Constitution and the reservation of powers to the states or the people pursuant to the Tenth Amendment of the United States Constitution implicate limitations on the role of the federal government that may affect the constitutionality of the USA PATRIOT Act;
• 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 the 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 the accusation; to be confronted with the witness 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 ;

1. THEREFORE, BE IT RESOLVED that the Humboldt County Democratic Central Committee affirms the rights of all people to the protections provided by the Bill of Rights and the Fourteenth Amendment of the U.S. Constitution; and
2. BE IT FURTHER RESOLVED that the Humboldt County Democratic Central Committee calls upon all County and municipal officials and employees and all private citizens to respect the civil rights and liberties of all members of this community, including those who are citizens of other nations; and
3. BE IT FURTHER RESOLVED that the Humboldt County Democratic Central Committee expresses its emphatic opposition to the USA Patriot Act and to any attempt to extend it; and
4. BE IT FURTHER RESOLVED that the Humboldt County Democratic Central Committee communicate this Resolution to all appropriate bodies, including but not limited to local officials, the Governor and Attorney General of the State of California, the California Congressional Delegation, the United States Attorney General, and the President of the United States.

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