Helena Independent Record
January 19, 2006
By Sen. Jim Elliott and Sen. Jim Shockley
As legislators from different political parties we each have strongly held philosophical viewpoints which most often put us on opposite sides of an issue; we may not agree on much, but we both know that defending constitutional liberties guaranteed by the Bill of Rights is not a political issue, it's an American issue.
That's why we think it's important that Montanans pay close attention to the likely renewal of unconstitutional portions in the USA PATRIOT Act that will take place in Congress in the next couple of weeks.
Soon after the dastardly terrorist attacks on September 11, 2001, Congress moved quickly to pass legislation that would enhance the abilities of federal law enforcement to apprehend terrorists and foil their activities. The 345-page bill was called the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act; or the USA PATRIOT Act.
In the face of crisis it is not easy to respond in a way that does not have some negative effects. The PATRIOT Act gave unprecedented powers to federal agents to obtain personal records, not just of terrorists, but of honest, law abiding citizens. Using uncommon foresight, Congress held back from making the most radical of the enforcement powers permanent, and required that they expire, or "sunset," after four years unless renewed.
It is the renewal of this radical expansion of government power, and its ability to be used against law-abiding Americans that needs to be curtailed. We are not suggesting that any powers be taken away from law enforcement that are needed to fight terrorism, but we are saying that the act needs to be reformed by bringing it back into line with the Constitution.
Two of the portions of the Act in question are Sections 215 and 505. In a nutshell, the act has greatly weakened court oversight of federal agents. The FBI no longer has to show a court that an individual is suspected of terrorist activity to obtain their personal records, merely that the records are being "sought for" in an investigation of terrorism. The act also greatly expanded the types of information that can be requested. Furthermore, if information about you is requested from your minister, doctor, librarian, or internet provider you will not know, and they cannot tell you, or anyone else, about it.
The use of one particular method of demanding information, called National Security Letters - which do not need a court's approval - has increased from 3,000 a year to 30,000.
Here's an example of the sheer magnitude of information being accumulated by the government; on New Year's of 2004 federal agents demanded the personal records of 300,000 visitors to Las Vegas. Even though no evidence of wrongdoing was discovered, the personal records of 300,000 law abiding American citizens on vacation are still in FBI files.
Is this really such a big deal? Curiously enough, the Patriot Act gives the FBI and CIA some of the exact same powers that the British held in the American Colonies; powers that in large part were the cause of the American Revolution.
They were called "General Warrants," by which, "[A]ny man may be seized, any property may be taken, in the most arbitrary manner, without any evidence or reason. Everything most sacred may be searched and ransacked by the strong hand of power." That's Patrick Henry speaking.
Has the PATRIOT Act been used in Montana? All we can tell you is that according to a Jan. 3, 2006, White House press release, the U.S. Attorney for Montana, Bill Mercer, has been invited to a "meeting to discuss the use and reauthorization of the PATRIOT Act with United States attorneys who have used the act's authorities."
The 2005 Montana Legislature felt so strongly about the act's unconstitutionality that it overwhelmingly passed Senate Joint Resolution (SJ 19) which specifically asks our congressional delegation to reform the PATRIOT Act. It was supported by Republican and Democratic legislators representing 96 percent of the citizens of Montana.
Montana communities as politically diverse as Eureka and Missoula have passed similar resolutions.
The Montana Shooting Sports Association, Montana Library Association, Gun Owners of America, Montana ACLU, The Eagle Forum, and the Cato Institute have voiced their opposition to making the sunsetting provisions permanent. So have the United States Chamber of Commerce, the National Association of Manufacturers and the National Association of Realtors.
Still, even in the face of all this opposition there is tremendous pressure on Congress to make these unconstitutional provisions permanent. Now is the time to contact our federal legislators and ask them how they will vote. Ask them to abide by the wishes of their constituents.
Defending the Bill of Rights is not partisan issue; it's an American issue. If your freedom is worth having, it's worth making a couple of phone calls to protect it. Do it now.
