Resolution to Restore Checks and Balances to Government

Adopted/Not Adopted by Precinct p

2 Senate District
WHEREAS, American citizens are governed by the United States Constitution which inclt~des
the Bill of Rights, and Texas State Constitution; and

WHEREAS, the Democratic Party is proud of its long and distinguished tradition of protecting
the civil rights and liberties of American citizens; and

WHEREAS, the preservation of civil rights and liberties is essential to the well being in a
democratic society; and

WHEREAS, federal, state, and local governments should protect the public from terrorist attacks
such as those which occurred on September 11,2001 and should do so rationally and
deliberatively. to insure that security measures shall enhance public safety without impairing or
modifying constitutional rights or infringing on civil liberties; and

WHEREAS, government security measures which under~ninefundamental rights do intrinsic

darnage to American traditions, institutions aud values that residents of Texas and the United
States bold dear: and

WHEREAS, there is no inherent or insuemountable conflict between national security and the
preservation of liberty and that Americans can be both safe and free; and

WHEREAS, fundamental rights granted by the United States Constitution are threatened by
actions taken at the federal level, notably by passage of certain sections of the ""U.S.A.
P.A.T.R.I.O.T. Act"", sections of the Domestic Security Enhancement Act of 2003, , the entire
Militiuy Commissions Act of 2006 which does away with Habeas Corpus and removes checks
and balances from our government, the entire John Warner Defense Authorization Act of 2007,
various Presidential executive orders, and Presidential signing statements that violate or abrogate
the rights of American citizens as specified in the Constitution of the United States and the Texas
Constitution as well as all other acts and executive orders which, among other things:

Grant potential unchecked powers to the Attorney General, FEMA, CIA, Natioual Security
Agency, the Office of Homeland Security and the U.S. Secretary of State to desiguate legal
domestic groups as ""terrorist organizations"" by overly broad definitions, and i~nply~ng
restrictions to Const~tutionallyprotected First Amendment rights of speech and assembly by
reference, such as political advocacy or the practice of a relig~on;while lifting administratwe
regulations on covert, surveillance counter-intelligence operations;

Violate the First and Fourth A~nendmentsto the Constitution through the expansion ofthe
government's ability to wiretap telephones, monitor e-mail communications, survey medical,
financial and student records, and secretly enter homes and offices without customary
ad~ninistrativeand judic~aloversight or without showing probable cause;

Give law enforcement expanded authority to obtain libraly records. and prohibits librarians from
inforlning pahons of monitoring or information requests:
Resolution to Restore Checks and Balances to Government
AdoptedINot Adopted by Precinct, Senate District -
Violate the Fifth, Sixth and Fourteenth Amendments to the Constitution in establishing secret
military tribunals, and in subjecting citizens and non-citizens to secret arrests, to indefinite
detention without being allowed an attorney, without being brought to trial, and without even
being charged with a crime;

Authorize eavesdropping on confidential communication between lawyers and their clients in

federal custody; and

WHEREAS, the Democratic Party adheres to the principle that no law enforcement agency, or
any other City agency, may profile or discriminate against any person solely on the basis of
ancestry, race, ethnic or national origin, color, age, sexual orientation, gender, religion, physical
or mental disability: or socio-economic status; and

WHEREAS, new legislation has been drafted by the Federal Administration entitled the
Domestic Security Enhancement Act (DSEA, also known as Patriot 11) which contains a
multitude of new and sweeping law enforcement and intelligence gathering powers, many of
which are not related to terrorism, that would severely dilute, if not undermine, many basic
constitutional rights, as well as disturb our unique system of checks and balances; and

WHEREAS, the provisions of the proposed act would represent a fundamental change from the
Constitutional framework of separation of powers of the branches of government; and

WHEREAS, the proposed act would remove numerous protective walls between government
agencies, erected by statute and regulation to correct pas abuses; NOW THEREFORE,

BE IT RESOLVED BY THE DEMOCRATIC PARTY, TEXAS, THAT

I. Our Congressional Members preserve the liberties guaranteed by the Bill of Rights,
preserve balance of power between three branches of government, preserve the
protections against government intrusion into lawful citizen activity, and preserve the
distinction between law enforcement and foreign intelligence operations as outlined in
the American Freedom Agenda Act of 2007 and other acts of legislation designed to
restore checks and balances to government.
2. Repeal those parts of the Patriot Act of 2001, the Domestic Security Enhancement Act of
2003, and repeal the John Warner Defense Authorization Act of 2007 which establishes
perpetual martial law in the US, The Military Commissions Act of 2006, various
Presidential executive orders, and Presidential signing statements that violate or
abrogates the rights of American citizens as specified in the Constitution of the United
States and the Texas Constitution.

Submitted by Marcus H. Doyle

from Precinct 355
from Senate District 25