PETITION OF:

WHEREAS, the struggle to establish democracy and secure the rights and liberties of Americans began in Massachusetts; and

WHEREAS, the Declaration of Rights of the Inhabitants of the Commonwealth of Massachusetts was the first enumeration of the civil rights and liberties of Americans, provided a model for the United States Constitution and its Bill of Rights, and continues to serve the citizens of the Commonwealth; and

WHEREAS, every duly elected public official in Massachusetts has sworn to uphold the Constitution of the United States and the Constitution of the Commonwealth; and

WHEREAS, in response to the terrorist attacks of September 11th, 2001, the United States Congress passed without public hearings and with little debate the USA PATRIOT Act (Public Law 107-56), provisions of which threaten the fundamental rights and liberties of citizens and non-citizens; and

WHEREAS, through executive orders, changes in procedures, and other actions, the United States Department of Justice has adopted practices which infringe upon the rights and liberties of citizens and non-citizens; and

WHEREAS, forty-three Massachusetts cities and towns and more than three hundred and ninety cities and towns across the United States have passed resolutions that affirm their support for our fundamental freedoms and that state their opposition to provisions of the USA PATRIOT Act and the practices of the United States Department of Justice; and

WHEREAS, on November 2, 2004, in the nine state legislative districts where it appeared on the ballot, voters approved, by overwhelming margins, a referendum question requesting legislators to support a Massachusetts resolution asserting that the campaign against terrorism should not be waged at the expense of civil rights and liberties, and to support legislation barring the use of state resources for racial and religious profiling, for secret investigations without reasonable grounds, and for maintaining files on individuals and organizations without reasonable suspicion of criminal conduct; and

WHEREAS, the States of Alaska, Hawaii, Vermont, Maine, Montana, Colorado, and Idaho have passed resolutions opposing provisions of the USA PATRIOT ACT and federal practices which threaten our civil liberties; and

WHEREAS, in recent testimony and through legislative initiatives the United States Department of Justice has indicated an intention to seek even greater powers of surveillance, investigation, and prosecution;

THEREFORE, THE SENATE AND THE HOUSE OF THE COMMONWEALTH OF MASSACHUSETTS:

RESOLVED, that the Great and General Court of the Commonwealth of Massachusetts affirms the rights and liberties of the people of Massachusetts and our system of checks and balances as specified in the United States Constitution, the Bill of Rights, and the Constitution of the Commonwealth of Massachusetts; and be it further

RESOLVED, that the Great and General Court of the Commonwealth of Massachusetts affirms that measures taken to protect our local and national security must be guided by and must respect principles of American liberty and the rights of persons as enshrined in the Constitution of the Commonwealth of Massachusetts, the United States Constitution, and the Bill of Rights; and be it further

RESOLVED, that the Great and General Court of the Commonwealth of Massachusetts requests state and local law enforcement authorities to refrain from actions that impinge and infringe upon and violate constitutional rights, such as racial and religious profiling, conducting warrantless searches, and maintaining files on individuals and organizations without reasonable suspicion of criminal conduct; and be it further

RESOLVED, that the Great and General Court of the Commonwealth of Massachusetts asks the United States Congress to allow to sunset, to repeal, and to amend those sections of the USA PATRIOT Act which allow the Executive branch to infringe upon the rights and liberties of persons as specified in the United States Constitution, the Bill of Rights, and the Constitution of the Commonwealth of Massachusetts, and to oppose any additional legislation that would infringe upon these rights and liberties; and be it further

RESOLVED, that the Great and General Court of the Commonwealth of Massachusetts asks the United States Department of Justice and other federal agencies and departments to refrain from any investigations, procedures, or prosecutions which infringe upon the liberties of persons as specified in the United States Constitution, the Bill of Rights, and the Constitution of the Commonwealth of Massachusetts, or which single out individuals for legal scrutiny or enforcement activity based upon their race, religion, ethnicity or country of origin; and be it further

RESOLVED, that the Great and General Court of the Commonwealth of Massachusetts asks the United States Congress to exercise its constitutionally necessary and proper oversight responsibilities with regard to the operations and actions of the Departments of Defense and Justice and the Central Intelligence Agency that may adversely affect and impinge upon civil rights and liberties, and to ensure the publication of its findings; and be it further

RESOLVED, that copies of this Resolution shall be transmitted to the Honorable George W. Bush, President of the United States; to the Attorney General of the United States; and to the United States Attorney for Massachusetts, Michael J. Sullivan; and be it further

RESOLVED, that copies of this Resolution shall be transmitted to Senators Edward Kennedy and John Kerry; to Congressmen Michael Capuano, William Delahunt, Barney Frank, Edward Markey, Stephen Lynch, James McGovern, Marty Meehan, Richard Neal, John Olver and John Tierney; to Governor Deval Patrick; to Massachusetts Attorney General Martha Coakley; to Massachusetts State Police Colonel Thomas G. Robbins; and to all city and town halls and public libraries within the Commonwealth of Massachusetts.