Amherst Town Meeting Warrant Article, Accepted April 24, 2002.
Civil Rights and Civil Liberties
PREAMBLE
The citizens of Amherst are concerned that actions of the Attorney General of the United States and the U.S. Justice Department since the September 11, 2001 attacks pose significant threats to Constitutional protections in the name of fighting terrorism. Such undermining of basic civil rights and liberties run the serious risk of destroying freedom in order to save it.
The Attorney General asserted before the Senate Judiciary Committee that civil libertarians who criticized the Department's policies "aid terrorists?erode our national unity and diminish our resolve." We disagree. We believe that respect for Constitutional rights is essential for the preservation of democratic society.
Among the actions to date that have raised our concern are the following:
More than 1,000 people were detained in the weeks following the September 11 attacks, most without being charged, some impeded in their ability to contact lawyers or their families.
The Department has issued an order authorizing federal prison officials to listen in on the confidential attorney-client communications of persons in federal custody, without court review.
The Justice Department has announced a nationwide effort to locate and interview as many as 5,000 recent immigrants-all men ages 18 to 33, primarily from Middle Eastern nations. Guidelines for these interviews include inquiries into individual's political beliefs and the beliefs of families and friends, and whether or not an individual "supports" any cause that terrorists espouse.
The USA PATRIOT Act, passed hurriedly in October 2001, creates a new crime, "domestic terrorism," so broadly defined that it could conceivably apply to acts of civil disobedience. Persons associated-through membership dues or legal activity- with organizations defined as terrorist are subject to surveillance and may themselves face prosecution.
The Act gives the FBI and the CIA greater rights to wiretap phones, monitor e-mail, survey medical, financial and student records, and break into homes and offices without prior notification.
The proposed Warrant Article places the Town of Amherst on record in support of Constitutional rights for all its residents, regardless of their citizenship, religion, ethnicity, or place of national origin. It calls upon all of its citizens to respect those rights. It also asks Town employees not to cooperate with federal investigators seeking to interrogate people on the basis of their ethnicity, their religious beliefs, or the beliefs of their families and friends -following the example of police departments in Oregon, California, and Texas, among others, that have refused to carry out such interviews.
This Article is not intended to inhibit or prevent the apprehension, trial, or conviction of people who have carried out or planned attacks against the United States or any other country. We believe, however, 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 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";
THEREFORE, BE IT RESOLVED that the Town of Amherst affirms the rights of all people-including United States citizens and citizens of other nations-within the Town in accordance with the Bill of Rights and the Fourteenth Amendment of the U.S. Constitution; and
BE IT FURTHER RESOLVED that Amherst Town Meeting calls upon all Town officials and employees to respect the civil rights and liberties of all members of this community, including those who are citizens of other nations; and
BE IT FURTHER RESOLVED that Amherst Town Meeting calls upon all private citizens-including residents, employers, educators, and business owners-to demonstrate similar respect for civil rights and civil liberties, especially but not limited to conditions of employment and cooperation with investigations; and
BE IT FURTHER RESOLVED that, to the extent legally possible, no Town employee or department shall officially assist or voluntarily cooperate with investigations, interrogations, or arrest procedures, public or clandestine, that are judged to be in violation of individuals' civil rights or civil liberties as specified in the above Amendments of the United States Constitution;
BE IT FURTHER RESOLVED that the Town Clerk communicate this resolution to all Town departments, the General Court, the Governor and Attorney General of the Commonwealth of Massachusetts, the Massachusetts Congressional delegation, the United States Attorney General, and the President of the United States; and
BE IT FURTHER RESOLVED that the 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 Commonwealth of Massachusetts or 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.