Mercer County, New Jersey

County: Mercer
State: New Jersey
Congressional District: (click to contact Rep.) 12

Population (2000 Census): 350,761
Date Passed: 09/09/04

Resolution Advocating the Respect of Individual Rights of the People of Mercer County with Regards to the USA PATRIOT Act and Requesting a Full Re-Examination of the USA PATRIOT Act's Constitutionality

Approved by: Mercer County Board of Freeholders

WHEREAS, in the aftermath of September 11, 2001, increased security is necessary to protect the American people, to attempt to thwart further terrorist attacks, the effectively wage a campaign against terrorism; and

WHEREAS, it is essential that, in providing such increased security, governmental agencies undertake only such security measures as are reasonable and necessary and do not undermine the fundamental rights and liberties which make this nation unique and great, such as freedom of speech, religion and assembly, the right to privacy, due process and equal protection of law, and the right to be free of unreasonable searches and seizures; and

WHEREAS, the Freeholder Board is concerned about the extent that the USA PATRIOT Act (P.L. 107-56) may threaten such fundamental rights and liberties as are embodied in the Constitution of the United States and the amendments thereunto; and

WHEREAS, examples of the PATRIOT Act's threat to these fundamental rights include the Government's expanded power to: engage in telephone, Internet and other telecommunications surveillance with limited judicial supervision; grant law enforcement and intelligence agencies broad access to sensitive medical, mental health, financial and educational records with little, if any, judicial oversight; expand the government's ability to conduct secret searches of individuals' homes and businesses, including monitoring what books are bought from bookstores or borrowed from libraries; and limit the disclosure of public documents and records under the Freedom of Information Act; and permit indefinite detention of immigrants and other noncitizens; and,

WHEREAS, the PATRIOT Act was adopted in some haste following September 11, 2001, without public hearings, or a Congressional "mark-up"; and it would be appropriate and beneficial, in considering reauthorization, to scrutinize and evaluate the provisions of the Act closely in context of its enforcement and implementation to date; and

WHEREAS, the Mercer County Board of Freeholders recognizes that a threat to any one person's Constitutional rights is a threat to the rights of all; and

WHEREAS, the PATRIOT Act is, or soon will be, reconsidered by Congress for possible reauthorization and to determine whether various sunset provisions contained therein should be eliminated or retained; and

WHEREAS, over 325 communities, including Princeton Borough, Ewing Township, and Lawrence Township in Mercer County, and four states representing nearly 52 million people throughout the country have enacted resolutions reaffirming support for civil rights and civil liberties in the face of government policies that threaten these values; now, therefore,

BE IT RESOLVED that:

1. The Board of Freeholders reaffirms its support for increased security to be executed in a fashion that preserves and protects our citizenry, but also reaffirms its conviction that such security must not be provided in a manner that would unduly and unnecessarily infringe upon the constitutional and other rights and liberties of the people who reside in the United States, including immigrants, but must be executed in a fashion that preserves and reaffirms these rights and liberties as guaranteed by the United States Constitution.

2. The Board of Freeholders is concerned about the enforcement and implementation to date of the PATRIOT Act and its impacts upon such rights and liberties are concerned

3. The Board of Freeholders accordingly:

a. Calls upon the government of the United States, and the government of each and every state and the political subdivisions thereof, when enforcing or when called upon to enforce the PATRIOT Act and any other law or regulation dealing with security, to respect individual rights and not intrude upon the fundamental rights and liberties of the people of the United States.
b. Calls upon our Congressional Representatives and Senators (i) to allow all provisions of the USA PATRIOT Act with a sunset date to expire on that sunset date; (ii) to thoroughly scrutinize and evaluate all provisions of the Act, the record of enforcement and implementation of the Act to date and any such similar proposed legislation through the public hearing process; and (iii) to support the revocation of any provision of the Act that violates the Constitution of the United States of America.
c. Requests all Mercer County agencies and the Mercer County Public Library System to observe and affirm the Constitution of the United States of America and the Constitution of New Jersey and thereby to challenge through appropriate and lawful means any request made under the authority of the USA PATRIOT Act or otherwise, if the County agency or library believes the request to be in violation of the Constitution of the United States of America or of New Jersey.
d. Directs the Clerk to the Freeholder Board to communicate this Resolution to all other County Boards of Freeholders, to all elected representatives of the County of Mercer in the New Jersey Legislature, in the United States Congress and in the United States Senate, to the Governor of the State of New Jersey and Attorney General of the State of New Jersey, to the United Sates Attorney General, to the Secretary of the United States Department of Homeland Security, and to the President of the United States.

Community Group / Coalition: Mercer County Coailition for Civil Liberties (MCCCL)

Contact Information:
http://www.protectyourrightsnj.org
info@protectyourrightsnj.org