Montana Legislature Bucks Patriot Act
first we hear about gov. schweitzer giving the metaphorical finger to bush by requesting montana's nat'l guardsmen be returned from iraq in time to help with the forest fire season and now the legislature decides it has a few things to say too... strong stuff and so very, very cool...
2005 Montana Legislature
2005 Montana Legislature
SENATE JOINT RESOLUTION NO. 19
A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA SUPPORTING THE MONTANA CONSTITUTION, THE UNITED STATES CONSTITUTION, AND THE BILL OF RIGHTS; ENCOURAGING VARIOUS ACTIONS IN SUPPORT OF FIGHTING TERRORISM AND PROTECTING CIVIL RIGHTS AND CIVIL LIBERTIES; REQUESTING THE ATTORNEY GENERAL OF MONTANA TO COMPILE AND DISSEMINATE RELEVANT INFORMATION REGARDING ACTIONS TAKEN BY THE FEDERAL GOVERNMENT UNDER THE USA PATRIOT ACT; AND ENCOURAGING MONTANA'S CONGRESSIONAL DELEGATION TO SUPPORT AND ENSURE THE CIVIL RIGHTS OF ALL MONTANANS AND CITIZENS OF THE UNITED STATES, WHICH INCLUDES ALLOWING THE USA PATRIOT ACT TO EXPIRE.
WHEREAS, the citizens of Montana recognize the Constitution of the United States as our charter of liberty and that the Bill of Rights enshrines the fundamental and inalienable rights of Americans, including the freedoms of religion, speech, assembly, and privacy; and
WHEREAS, each of Montana's duly elected public servants has sworn to defend and uphold the United States Constitution and the Constitution of the State of Montana; and
WHEREAS, the citizens of Montana denounce and condemn all acts of terrorism by any entity, wherever the acts occur; and
WHEREAS, terrorist attacks against Americans, such as those that occurred on September 11, 2001, have necessitated the crafting of effective laws to protect citizens of the United States and others from terrorist attacks; and
WHEREAS, any new security measures of federal, state, and local governments should be carefully designed and employed to enhance public safety without infringing on the civil liberties and rights of innocent citizens of Montana and the United States; and
WHEREAS, certain provisions of the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001", also known as the USA PATRIOT Act, allow the federal government to more liberally detain and investigate citizens and to engage in surveillance activities that may violate or offend the rights and liberties guaranteed by our state and federal constitutions.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:
That the 59th Montana Legislature supports the government of the United States in its campaign against terrorism and affirms the commitment of the United States that the campaign not be waged at the expense of essential civil rights and liberties of citizens of this country that are protected in the United States Constitution and the Bill of Rights.
BE IT FURTHER RESOLVED, that it is the policy of the citizens of Montana to oppose any portion of the USA PATRIOT Act that violates the rights and liberties guaranteed under the Montana Constitution or the United States Constitution, including the Bill of Rights.
BE IT FURTHER RESOLVED, that in accordance with Montana state policy, in the absence of reasonable suspicion of criminal activity under Montana law, the 59th Montana Legislature exhorts agents and instrumentalities of this state to not:
(1) initiate or participate in or assist or cooperate with an inquiry, investigation, surveillance, or detention under the USA PATRIOT Act if the action violates constitutionally guaranteed civil rights or civil liberties;
(2) record, file, or share intelligence information concerning a person or organization, including library lending and research records, book and video store sales and rental records, medical records, financial records, student records, and other personal data, even if authorized under the USA PATRIOT Act, if the action violates constitutionally guaranteed civil rights or civil liberties; or
(3) retain any of the intelligence information described in subsections (1) and (2) of this clause if the information violates constitutionally guaranteed civil rights or civil liberties.
holy shit, folks... i am awestruck at their clarity and courage... hats off... Submit To Propeller
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