Civlib.Santa Fe Resolution

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### Comments/Explanation Short description of each part: PARAGRAPH 1: New introduction which states our Constitutions govern us; PARAGRAPH 2 and subparagraphs: States these Constitutions are contravened by recent federal actions, and how; PARAGRAPH 3: TO support our Constitutions and Bill of Rights we request: PARAGRAPH 4: Law enforcement uphold the Constitution even when asked to contravene it under new federal action; PARAGRAPH 5: Community dialogue aruond these important issues be engaged; PARAGRAPH 6: Law enforcement report to the City how they are acting under those federal Acts and orders which contravene our rights; PARAGRAPH 7: Our federal representatives work to remove these contravening Acts and orders; PARAGRAPH 8: The City supports democracy and civil liberties. NOTES on this document: Sections of this document were copied in whole or in part from resolutions being passed by other cities around the United States. The only new and unique component is item 2, paragraph 5, requesting community dialogue. Thanks to Bill and Kathy Christison and to Larry Wang for previous drafts, also derived in whole or in part from other resolutions passed by Northampton, Cambridge, and Boulder. A primary requirement was brevity - most participants wanted this document to be *no more* than a single page in length. This version was edited to reduce the length of the last draft to one page, principally by comdensing the large 'Whereas' listing of violations of civil liberties. Other changes that were made: the first paragraph is new, as the first paragraph in the last (second) draft, which spoke of honoring Sept 11 victims, was felt to be emotionally manipulative, and not germane to these specific violations of the Constitution which we are defending against; The last paragraph was abbreviated due to length; also it is not clear that as was stated in Draft 2 (see Second draft of the Santa Fe Resolution), the city could guarantee economic security, and this also goes beyond our primary goal of protecting civil liberties. | ### 3rd Draft of the Resolution In Support of Civil Liberties and the Bill of Rights WHEREAS the City of Santa Fe is governed by the Constitution of the State of New Mexico, and the Constitution of the United States of America, including the Bill of Rights; and WHEREAS fundamental rights granted by these constitutions are threatened by actions taken at the Federal level notably by sections of the USA PATRIOT Act and several Executive Orders, which: Violate the First and Fourth Amendments to the Constitution through expansion of the government's ability to wiretap phones, monitor e-mail, survey medical, financial and student records, and secretly enter homes and offices without customary oversight or probable cause; Grant unchecked power to the Secretary of State to designate legal domestic groups as "terrorist organizations", while lifting regulations against covert, illegal counter-intelligence operations by the FBI that in the past targeted domestic groups and individuals; Violate the Fifth and Sixth Amendments to the Constitution in establishing secret military tribunals, and in subjecting citizens and non-citizens to indefinite detention even when they have not been allowed a lawyer, brought to trial, or even charged. Therefore, we the City Council of Santa Fe, New Mexico, acting on behalf of the people of Santa Fe and in support of the Bill of Rights, do hereby request that: 1. Local law enforcement continue to preserve residents’ freedom of speech, assembly, and privacy, rights to counsel and due process in judicial proceedings, and protection from unreasonable searches and seizures, even if requested or authorized to infringe upon these rights by Federal law enforcement acting under new powers granted by the USA PATRIOT Act or orders of the Executive Branch; 2. Law enforcement, public officials, and Santa Feans engage in community dialogue on civil liberties issues, in order to promote the well-being and security of our City; 3. All law enforcement working within Santa Fe, including but not limited to the FBI and the New Mexico State police, report to the City Council regularly and publicly, what actions they have taken under the USA PATRIOT Act, new Executive Orders, or COINTELPRO-type regulations; 4. Our United States Congressman and Senators monitor the implementation of the Act and Orders cited herein, and actively work for the repeal of those portions that violate our guaranteed civil liberties. The City of Santa Fe hereby affirms its commitment to embody democracy and to embrace and defend our inalienable rights and fundamental liberties as guaranteed by the New Mexico and U.S. Constitution and the Bill of Rights.

Participant Comments follow below

In the first bulleted paragraph, I think the words "breaking into" should be changed to "entering". The first sets us up to accusations of bias by those who may not be in favor of this in the first place. Editors: Point taken, and done. Carol Kessler ckessler1@earthlink.net 08/27/02 19:20:53 GMT

I am going to show this resolution to our congressmen in Washington D.C. and let them know that constituents are mobilising in Santa Fe and will not stand for our constitution being eroded and ignored. It is imperative that out Congressmen represent the views of the people for they are elected by the people. Vince E. 08/27/02 18:57:16 GMT

...just a picky point...using the infinitive form of verbs weakens them. Preferred wording: "The City of Santa Fe hereby affirms its commitment to embody democracy and to embrace and defend our inalienable rights and fundamental liberties as guaranteed by the New Mexico and U.S. Constitution and the Bill of Rights." Debra Oliver commonground@newmexico.com Editors: Done. 08/27/02 15:28:04 GMT

in paragraph 2, delete the word "security", since it is being used in a militaristic and fascist context by the administration. Add "Law enforcement, public officials, and Santa Feans engage in community dialogue on civil liberties issues, in order to promote a mutually-crafted safety and well-being for our City; " Debra Oliver commonground@newmexico.com Editorial comment: Todd & Valerie, who edited this draft, felt that the co-opting of the word 'security' by the Bush administration to mean only a *very specific kind* of security - that is, only military security, and not the long-term security conveyed by democratic institutions - should not be allowed to stand. In other words, we want to reclaim the word 'security' by a more general usage. But perhaps that is irrelevant here :) and we could go to simply "promote the safety and well-being of our city"? 08/27/02 15:24:08 GMT