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SJM111.....................................................by STATE AFFAIRS
PATRIOT ACT - Stating findings of the Legislature regarding the fundamental
rights of citizens as guaranteed by the Constitution of the United States
and the Constitution of the State of Idaho; expressing support of the
government of the United States of America in its campaign against
terrorism; and imploring the Congress of the United States to rescind those
provisions in the USA PATRIOT Act and other measures which violate the
Constitution of the United States of America and which infringe on civil
liberties.
03/19 Senate intro - 1st rdg - to printing
03/20 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE JOINT MEMORIAL NO. 111
BY STATE AFFAIRS COMMITTEE
1 A JOINT MEMORIAL
2 TO THE PRESIDENT OF THE UNITED STATES, THE ATTORNEY GENERAL OF THE UNITED
3 STATES, THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES IN
4 CONGRESS ASSEMBLED, AND TO THE CONGRESSIONAL DELEGATION REPRESENTING THE
5 STATE OF IDAHO IN THE CONGRESS OF THE UNITED STATES.
6 We, your Memorialists, the Senate and the House of Representatives of the
7 State of Idaho assembled in the Second Regular Session of the Fifty-seventh
8 Idaho Legislature, do hereby respectfully represent that:
9 WHEREAS, the Constitution of the United States of America and the Consti-
10 tution of the State of Idaho recognize and guarantee Idaho citizens certain
11 fundamental rights, including freedom of religion, speech, assembly and pri-
12 vacy; protection from unreasonable searches and seizures; due process and
13 equal protection to any person; equality before the law and the presumption of
14 innocence; access to counsel in judicial proceedings; and a fair, speedy and
15 public trial by an impartial jury; and
16 WHEREAS, each of Idaho's duly elected public servants has sworn to defend
17 and uphold the Constitution of the United States and the Constitution of the
18 State of Idaho; and
19 WHEREAS, any infringement of the Constitution of the United States or the
20 Constitution of the State of Idaho is an abuse of power, a breach of the pub-
21 lic trust, a misappropriation of public resources, a violation of civil
22 rights, and is beyond the scope of governmental authority; and
23 WHEREAS, the state of Idaho denounces and condemns all acts of terrorism,
24 wherever occurring; and
25 WHEREAS, the state of Idaho recognizes and fully supports the responsibil-
26 ity of government to protect its borders and citizens from acts of aggression
27 and terrorism; and
28 WHEREAS, the state of Idaho recognizes that these efforts should be con-
29 ducted in a rational and deliberative fashion and should never infringe on the
30 nation's most treasured constitutional rights and freedoms; and
31 WHEREAS, certain provisions of the "Uniting and Strengthening America by
32 Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act
33 of 2001," also known as the USA PATRIOT Act, allow the federal government more
34 liberally to detain and investigate citizens and engage in surveillance activ-
35 ities that may violate or offend the rights and liberties guaranteed by our
36 state and federal constitutions.
37 NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Ses-
38 sion of the Fifty-seventh Idaho Legislature, the Senate and the House of Rep-
39 resentatives concurring therein, that we support the government of the United
40 States of America in its campaign against terrorism, and affirm its commitment
41 that the campaign not be waged at the expense of essential civil rights and
42 liberties of citizens of this country as provided in the Constitution of the
43 United States and the Bill of Rights.
44 BE IT FURTHER RESOLVED that the members of the Second Regular Session of
2
1 the Fifty-seventh Idaho Legislature, the Senate and the House of Representa-
2 tives concurring therein, implore the Congress of the United States to rescind
3 those provisions in the USA PATRIOT Act and other measures which violate the
4 Constitution of the United States of America and which infringe on civil lib-
5 erties.
6 BE IT FURTHER RESOLVED that the Secretary of the Senate be, and she is
7 hereby authorized and directed to forward a copy of this Memorial to the Pres-
8 ident of the United States, George W. Bush, the Attorney General of the United
9 States, John Ashcroft, the President of the Senate and the Speaker of the
10 House of Representatives of Congress and the congressional delegation repre-
11 senting the State of Idaho in the Congress of the United States.
STATEMENT OF PURPOSE
RS 14239
A Joint Memorial expressing Idaho s concerns that certain
provisions of the USA Patriot Act may violate or offend the rights and
liberties guaranteed by our state and federal constitution.
Imploring the US Congress to rescind provisions of the USA Patriot
Act that infringe on civil liberties.
FISCAL IMPACT
None.
Contact
Name: Marti Calabretta
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE SJM 111