Wilmington, Delaware
September 18, 2003
WHEREAS, Delaware patriot Caesar Rodney cast the swing vote in the Delaware Delegation to the Continental Congress, making Delaware the First State to ratify the U.S. Constitution, the supreme law of the land, which all public servants are sworn to uphold; and
WHEREAS, the United States Constitution guarantees all persons living in the United States certain fundamental rights including freedom of religion, speech, assembly and privacy; protection from unreasonable searches and seizures; due process and equal protection; and access to counsel, presumption of innocence and a fair, speedy public trial; and
WHEREAS, the City of Wilmington within which are located the headquarters for many international financial institutions and Corporations, has a responsibility to maintain prosperous relationships with people of all nations and races; and
WHEREAS, a great crime against humanity occurred on September 11, 2001, resulting in new federal laws and enforcement powers, including the USA Patriot Act signed by President George W. Bush on October 26, 2001; and
WHEREAS, the USA Patriot Act, which was written to respond to the attack on our nation, was hastily enacted in six weeks without public hearings or a Congressional ""mark-up"", weakens, contradicts and undermines the basic constitutional rights outlined above; and
WHEREAS, Examples of fundamental rights threatened by the Patriot Act include the Government's extended power to: participate in telephone and internet surveillance with limited judicial supervision; dilute judicial oversight in law enforcement and intelligence agencies access to personal medical, mental health, financial, and educational records; expand the government's ability to conduct warrant less searches of individual's homes and businesses, including monitoring what books are bought from the bookstore or borrowed from libraries; and limit access to public documents and records under the Freedom of Information Act; and
WHEREAS, per the Justice Department's interpretation of the Patriot Act it appears that the impact of the law will be on selective racial and religious groups. This is a cause for alarm for those who fear an emergence of racial and ethnic profiling; and
WHEREAS, the City of Wilmington recognizes and supports the courage and sacrifice of Military men and women; and
WHEREAS, the City of Wilmington recognizes patriotic citizens working to protect our basic freedoms that are threatened; and
WHEREAS, over fifty cities throughout the country have enacted resolutions reaffirming support for civil rights and civil liberties in the face of government policies that threaten theses values, and are demanding accountability from federal agencies regarding the use of these new powers; and
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WILMINGTON, that the City Council supports the United States Government in its campaign against global terrorism, but also reaffirms that any efforts to end terrorism not be waged at the expenses of the fundamental civil liberties of the people of Wilmington, and all citizens of the United States; and
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WILMINGTON, that the City Council affirms the rights of all people, including United States citizens and citizens of other nations living within the City, in accordance with the Bill of Rights and the Fourteenth amendment of the U.S. Constitution; and
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WILMINGTON, that the City Council urges the city administration and its citizens to be guided by the collective responsibility and obligation of the safeguards the constitutional protections afforded all people of our City. The City Council recognizes that is a paramount responsibility of local law enforcement personnel, appointed and elected government offices that are ultimately responsible for upholding the solemn oath they have taken to preserve, protect and defend the Constitution of the United States and the State of Delaware; and
NOW, THEREFORE, BE IT FINALLY RESOLVED BY THE COUNCIL OF THE CITY OF WILMINGTON, that our United States Senators and Representatives monitor the implementation of the Act and actively work for the repeal of those sections of the Act containing Executive Orders that violate fundamental rights and liberties as stated in the United States Constitution and its Amendments.