MC1201-01: Resolution in Response to USA PATRIOT Act
Whereas the Fourth Amendment of the United States Constitution states;
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, and;
Whereas the Fifth Amendment of the United States Constitution states;
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be put twice in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation, (emphasis added), and;
Whereas Section 1 of the Fourteenth Amendment of the United States Constitution states;
All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws (emphasis added), and;
Whereas the United Council of University of Wisconsin Students Policy Platform in regards to Student/Civil/Legal Rights states the following two points;
United Council opposes discrimination based on but not limited to race, ethnicity, creed, gender, gender identity, sexual orientation, religious belief or lack thereof, veteran status, marital/familial/parental status, age, physical appearance, disability, political affiliation, national origin, income level or source, residency status, or geographic disadvantage for any reason including but not limited to educational opportunity, employment, housing, physical or emotional well being, and social attitudes; and;
United Council supports the student campaign for the statistical accounting and documentation of Racial Profiling in the UW System, the state of Wisconsin, and the United States of America;
Whereas the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001 (H.R.3162, S.1510) of the title officially introduced: 'To deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes' became Public Law No. 107-56 on October 26, 2001;
Whereas Senator Russ Feingold (D-WI) was the only member of the United States Senate to vote against this bill;
Whereas Laura Murphy, Director the American Civil Liberties Union Washington National Office stated that, ""Included in this bill are provisions that would allow for the mistreatment of immigrants, the suppression of dissent and the investigation and surveillance of wholly innocent Americans;""
Whereas the USA PATRIOT Act overrides civil liberties such as those encompassed within the Fourth, Fifth and Fourteenth Amendments of the United States Constitution;
Be it resolved that United Council appreciates the support of Senator Russ Feingold for voting against the USA PATRIOT Act;
Be it further resolved that Unite Council upholds Civil Liberties such as those encompassed within the Fourth, Fifth and Fourteenth Amendments of the United States Constitution;
Be it finally resolved that United Council urges UW institutions to both officially state that they will protect students, citizens and non citizens alike, and their rights, and inform students that they are entitled to legal advice before cooperating with federal law enforcement agencies.
To Contact the United Council of Students, Inc.
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