Resolution Requesting that the New York State Congressional Representatives in both the House of Representatives and the Senate Review and Amend Provisions of the USA PATRIOT Act of 2001 to Comport with the Constitution of the United States
WHEREAS, the Village of Canton, New York is a municipal corporation, which supports the rule of law in the State of New York and the promotion of the ideals of Justice and Liberty within the framework established by the Constitution of the United States
WHEREAS, the Rule of Law and the Constitutional protection of individual persons from arbitrary acts of government, even when in the pursuit of worthy goals, distinguish the American form of government from the governments of other nations and fuel the beacon of hope that shines from America to the peoples of the world; and
WHEREAS, the Congress of the United States enacted and passed the ""Uniting and Strengthening America by Providing Appropriate Tools Requited to Intercept and Obstruct Terrorism (USA PATRIOT Act) Act of 2001"", (Public Law 107-56; 115 Stat. 280), on October 26, 2001, which was signed into law by the President of the United States on October 27, 2001; and
WHEREAS, the said Act is in excess of three-hundred pages in length and amends numerous federal statutes and regulations; and
WHEREAS, the said Act was passed with minimal opportunity for public comment or debate; and
WHEREAS, the Executive Branch of the United States has issued associational orders and rules for the implementation of provisions of the said Act;
WHEREAS, certain provisions of the Act and its associated executive orders and rules restrict and infringe upon many important civil rights and liberties recognized and guaranteed by the Constitution of the Untied States, and more particularly by the Bill of Rights, including those protected by the First, Fourth, Fifth, Sixth and Fourteenth Amendments;
NOW, THEREFORE, BE IT RESOLVED, that the Village of Canton, New York affirms its belief in and support for the Constitution of the United States, and all of the rights, both personal and public protected thereunder; and
BE IT FURTHER RESOLVED, that the village of Canton, New York requests that United States Senator Charles Schumer, United States Senator Hillary Clinton, and United States Representative John McHugh, review, examine, and propose amendment or repeal of those portions of the USA PATRIOT Act of 2001 that restrict or infringe various civil rights and liberties recognized and guaranteed by the Constitution of the Untied States, and in particular those portions of the Act that:
- Disregard the historic Fourth Amendment constitutional protections of notice, probable cause, and proportionality as related to the searches and seizures, (see USA PATRIOT Act Section 201 et. seq.);
- Require the disclosure of educational records without probable cause or reasonable cause (see USA PATRIOT Act Section 507);
- Limit or restrict the right to counsel pursuant to the Sixth Amendment, by allowing monitoring of attorney-client conversations and denying certain suspects the right to counsel, (See 66 Fed. Reg. 55,061, 55,063 [October 31, 2001]);
- Eliminate rights guaranteed under the Sixth Amendment by suspending the rights of indictment, trial by jury, appellate relief, and habeas corpus for all non-citizens accused of aiding or abetting terrorists (see Military Order of November 11, 2001, Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terror, 66 Fed. Reg. 57,833 [November 13, 2001]);
- Disregard the Constitutional rights of resident non-citizens and limit judicial review and the application of Habeas Corpus (see USA PATRIOT Act Section 411 et. seq.);
- Permit the indefinite detention of non-citizens without due process (see USA PATRIOT Act Section 411);
- Permit the monitoring and reporting on citizen financial transactions, (see USA PATRIOT Act Sections 355, 356); and
- Grant the Central Intelligence Agency the authority to monitor U.S. citizens, religious group and charitable organizations in possible violation of the rights granted pursuant to the First Amendment and relating to the right to free association and worship (see USA PATRIOT Act Section 901 et. seq.);
The foregoing Resolution was voted upon and approved by the Boaqrd of Trustees of the Village of Canton, New York on the 15th day of September 2003