Blount County, TN Resolution

Resolution No. 03-02-020

A RESOLUTION SUPPORTING THE RESORATION OF THE BILL OF RIGHTS

WHEREAS, Blount County was founded and exists according to the laws of the Tennessee State Constitution and the United States Constitution and Bill of Rights, both of which guarantee the citizenry the protection of unalienable rights granted them by their Creator; and 

WHEREAS, the United States Constitution and Bill of Rights and the Tennessee State Constitution guarantee all persons living in the United States these inviolate rights including:

• Article 1 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 of the right of the people peaceably to assemble, and to petition the Government for the redress of grievances;
• Article 4 The right of 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 person or things to be seized.  

WHEREAS, the provisions in the USA PATRIOT Act HR 3162 violates the United States Constitution and the Tennessee State Constitution as listed and many areas not listed.

• Within the 1016 sections of the Act the government's ability to access sensitive medical, mental health, financial, and educational records about individuals.  It removes any burden of proof required to conduct telephone and internet surveillance.
• Section 213 allows any branch of the Federal or state governments to break into your home or business, to remove any times (or place items) they wish without a warrant and without Informing the person or business of the total violation of the Fourth Amendment.*
• Section 215 also decapitates the First Amendment protection of Freedom of Speech by forcing silence on those victimized by their Unconstitutional warrantless searches.
• Limits disclosure of public documents and records under the Freedom of Information Act
• Section 215 gives law enforcement expanded authority to obtain library and book store records (violating Fourth Amendment) while prohibiting librarians and store workers from Informing patrons of monitoring requests (violating the First Amendment).
• Section 802(a) changes the definition in the United States Code of the term ""Domestic Terrorism"" to include ""acts dangerous to human life that are violation of the criminal laws of the United States or of any sate."" (5) (B) appear to be intended to intimidate or coerce a civilian population; or to influence the policy of a government by intimidation or coercion.""

WHEREAS, Congressman John J. Duncan Jr. defended his oath of office to ""uphold and defend the Constitution against all enemies foreign and domestic"" by voting against the President of the United States being given the power to declare war in House Joint Resolution 114 which violates Article 1 section 8 the power of Congress.

BE IT RESOLVED, that this Blount County Commission affirms that the collective Oath of office of its members, and its strong opposition to terrorism, but also affirms that any effort to end terrorism not be used as a pretext to Infringe upon God given rights and liberties of the people of Blount County, Tennessee recognized in the Bill of Rights and the Declaration of Independence.

BE IT FURTHER RESOLVED that, to the extent legally possible, no County employee or department shall assist or voluntarily cooperate with investigations, interrogations, or arrest procedures, public or clandestine, that are in violation of individuals' God-given rights that are simply enumerated by the first ten amendment to the United States Constitution; and 

BE IT FURTHER RESOLVED that the Blount County Commission calls upon all Blount County Constitutional Officeholders, county employees, private citizens and organizations including residents, employers, and domestic and to demonstrate outspoken respect for the rights that have been paid for with so much blood by Veterans and patriots throughout time, and to study the Bill of Rights so that they can recognize and resist attempts to undermine our Constitutional Republic and the system that has brought our civilization so much success; and recognize as unenforceable in Blount County those laws that violate the fundamental rights and liberties as stated in the United States Constitution, and Its Amendments; and declare null and void all future attempts to establish Martial Law, Declared Sates of Emergency or War by Elected or Appointed officials, Congressional legislation, Presidential Decision Directives, Executive Orders, international treaties and agreements with the United Nations or the State of Tennessee that would compromise these GOD GIVEN RIGHTS.

* To read the ACLU analysis of ""Sneak and Peek"" or ""Black Bag"" searches in the PATRIOT Act, click here.