26. Repeal the Patriot Act

WHEREAS the First Amendment of the Constitution ensures freedom of religion, speech, press, assembly and the right to petition our government the Fourth Amendment ensures freedom from unreasonable searches and seizures and the Sixth Amendment mandates a speedy public trial by an impartial jury, the right to be informed of the facts of the accusation, the right to confront witnesses and have the assistance of counsel the Fourteenth Amendment states that all persons (citizens and non-citizens) within the US are entitled to due process (see Sixth Amendment) and the equal protection of the laws; and

WHEREAS the Hawai`i Legislature was the first in the nation to pass a bill opposing those provisions in the USA Patriot Act of 2001 which pose a significant threat to the liberties guaranteed by the U.S. and Hawai`i Constitutions; and

WHEREAS Hawai`i’s “Reaffirming the State of Hawai`i’s Commitment to Civil Liberties and the Bill of Rights” law of April of 2003 instructs law enforcement personnel to uphold the human rights, civil liberties and constitutional protections of the people; and

WHEREAS the existing Hawai`i legislation calls upon the Hawai`i Congressional delegation to work for the repeal of those sections of the USA Patriot Act and other federal legislation and Executive Orders that violate or place an undue burden on personal freedoms; and

WHEREAS federal policies adopted since September 11, 2001, including provisions in the USA PATRIOT Act (Public Law 107-56) and related executive orders, regulations and actions threaten these fundamental rights and liberties guaranteed by the Constitution of the United States of America by:

·allowing "sneak and peek" or "black bag" searches, in which the subject of the search warrant is unaware that their property has been searched;

·limiting the traditional authority of federal courts to curb law enforcement abuse of electronic surveillance in anti-terrorism investigations and ordinary criminal investigations;

·granting law enforcement and intelligence agencies broad access to personal medical, financial, library and education records with little if any judicial oversight;

·authorizing the indefinite incarceration of citizens and non-citizens based on mere suspicion, or designated by the President as “enemy combatants” without access to counsel or courts;

THEREFORE BE IT RESOLVED , That the Hawai`i Democratic Party actively supports the efforts of the State of Hawai`i and all those who are working to protect our civil liberties by the repeal of those provisions of the Patriot Act and similar legislation which subvert democratic processes and curtail civil liberties; and

BE IT FURTHER RESOLVED that a copy of this approved resolution be distributed to all elected Democratic office holders in Hawai`i, as well as the four members of the Hawai`i Congressional Delegation, and to the Governor of Hawaii.