Raleigh, NC Resolution

RESOLUTION NO. (2004) 111

A RESOLUTION RELATING TO THE U.S.A. PATRIOT ACT

WHEREAS, the City of Raleigh recognizes the Bill of Rights in the U.S.
Constitution and the Declaration of Rights in the North Carolina
Constitution as inalienable liberties which are secured against the powers
of our federal and state governments; and

WHEREAS, the City of Raleigh has a long and distinguished history of
protecting and enhancing the rights of its citizens and we find the erosion
of these rights a cause for great alarm; and

WHEREAS, Raleigh is a politically diverse population which includes
traditional and new residents, students, immigrants, and others whose
combined contributions are vital to our City's growth and character; and

WHEREAS, acts of terrorism against the United States on September 11, 2001,
prompted the federal government to declare a "war on terrorism", many
aspects of which, in its domestic implementation, constitute an assault with
few precedents on the following constitutional amendments:

" The First Amendment, which provides that no law shall be made "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";

" The Fourth Amendment, which declares, "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,
upon probable cause, supported by Oath or affirmation, and particularly
describing the place to be searched, and the persons and things to be
seized";

" The Fifth Amendment, which states that no person "shall be compelled in
any criminal case to be a witness against himself, nor shall be deprived of
life, liberty, or property, without due process of law";

" The Sixth Amendment, which 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";

" The Eighth Amendment, which states, "Excessive bail shall not be required,
nor excessive fines imposed, nor cruel and unusual punishments inflicted";

" The Fourteenth Amendment, which prohibits the government from denying "to
any person within its jurisdiction the equal protection of the laws"; and

WHEREAS, the provisions of the Constitution apply in wartime as in peace;
and to violate or depart from them, under the plea of necessity or any other
plea, is subversive of good government.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF RALEIGH:

Section 1.  Maintains that the United States Constitution, including the
Bill of Rights, is the ultimate legal authority whenever its provisions
conflict with those of the Patriot Act, or federal Executive Orders;

Section 2.  Requests the Mayor to transmit a copy of this Resolution, upon
adoption, to the Governor, Attorney General, and General Assembly of North
Carolina, all members of Congress representing the residents of Raleigh and
North Carolina, and president and Attorney General of the United States.

Adopted: June 15, 2004