Resolution 2003-R271 of the Mayor and Council of the Borough of Princeton, New Jersey
Whereas, in the aftermath of September 11, 2001, increased security is necessary to protect the American people from further terrorist attacks; and
Whereas, it is essential that Congress enact, and governmental agencies implement, security measures that are reasonable and necessary to providing such protection; and
Whereas, notwithstanding the terrorist threat, great care must be exercised to balance security needs with the imperative to protect the fundamental rights and liberties of the American people including freedom of speech, religion, and assembly, the right to privacy, due process, and equal protection of the law, and the right to be free of unreasonable searches and seizures; and
Whereas, the USA PATRIOT Act (P.L.107-56) could threaten such fundamental rights and liberties; and
Whereas, the PATRIOT Act II may soon be reconsidered by Congress both substantively and to determine whether various sunset provisions contained therein should be eliminated or retained as well to consider the amendatory PATRIOT Act II currently being espoused by Attorney General Ashcroft and other Administration officials; and
Whereas, PATRIOT Act II contains certain more intrusive measures than those contained in the PATRIOT Act, including authorizing federal agents to issue subpoenas to compel testimony and the production of private records without the approval of a Judge or a federal prosecutor, expansion of the death penalty for offenses such as terrorist financing, and the detention by the government of individuals without bail; and
Whereas, it is imperative that Congress consider carefully the substance of PATRIOT Act II and the PATRIOT Act, as well as the record of implementation of the PATRIOT Act to date, in order to achieve a balance between security measures and the protection of individual rights;
Now, therefore, be it resolved by the Mayor and Borough Council of the Borough of Princeton as follows:
1. The Mayor and Council reaffirm their support for increased security measures to protect our citizenry from terrorist attacks but also believe that such security must be provided only in a manner which will not unduly and unnecessarily infringe upon the constitutional and other rights and liberties of the American people.
2. The Mayor and Council believe that the Congress should carefully assess the implementation to date of the PATRIOT Act by law enforcement officials and carefully consider the substantive provisions of both the PATRIOT Act and PATRIOT Act II;
3. The Mayor and Council accordingly:
(a) call upon the Congress of the United States : to scrutinize the substantive provisions of both the PATRIOT Act and the proposed PATRIOT Act II with great care and sensitivity to insure that both are not overly and unnecessarily broad and intrusive and that the fundamental liberties of the American people are preserved;
(b) call upon the Congress of the United States to maintain the sunset provisions of the PATRIOT Act in effect, thereby requiring reevaluation of the legislation from time to time as well as the record of enforcement and implementation of its terms;
(c) call upon the government of the United States, and the government of each and every State and the political subdivisions thereof, when enforcing the PATRIOT Act and any other law or regulation dealing with security, to respect as much as possible individual rights and thus not unnecessarily intrude upon the fundamental rights and liberties of the people of the United States;
4. Directs the Borough Clerk to communicate this resolution to all the elected representatives of the Borough of Princeton in the New Jersey Legislature, and the United States Congress, to the Governor and Attorney General of the State of New Jersey, the UNited States Attorney General and the President of the United States.
Votes:
Yay: Benchley, Martindell, O'Neill, Mayor Reed
Nay: Trotman, Goldfarb, Karcher