SENATE RESOLUTION NO. 46

(By Senators White, Kessler, Chafin, Dempsey, Fanning, Foster, Hunter, Jenkins, Minard, Oliverio, Barnes and Lanham)

[Originating in the Committee on the Judiciary]



Urging United States Congress review provisions in the federal PATRIOT Act.

Whereas, The devastating attacks of September 11, 2001, in the United States, and the national patriotic response thereto, have resulted in a need for reaffirmation of the American way of life; and
Whereas, The potential for excessive restriction of civil liberties by the United States government gives reason for a renewed reflection upon the founding principles of the United States of America and the State of West Virginia; and
Whereas, The Constitution of the State of West Virginia, Article I, Section 3, asserts:
"The provisions of the Constitution of the United States, and of this State, are operative alike in a period of war as in time of peace, and any departure therefrom, or violation thereof, under plea of necessity, or any other plea, is subversive of good government, and tends to anarchy and despotism."; and
Whereas, The prevention of future terrorist attacks is a critical national priority, but it is also important to preserve the fundamental civil liberties and personal freedoms which were enshrined in the Bill of Rights over 200 years ago; therefore, be it
Resolved by the Senate:
That the Senate hereby urges the United States Congress review provisions in the federal PATRIOT Act; and, be it
Further Resolved, That the Senate hereby opposes federal legislation to the extent that it infringes on civil rights and liberties; and, be it
Further Resolved, That the Senate urges the President of the United States and members of the executive branch to review, revise or rescind executive orders and policies which have been adopted since September 11, 2001, which deprive citizens or residents of liberties guaranteed by the Bill of Rights; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Secretary of the United States Senate, the Clerk of the United States House of Representatives, President George W. Bush, Attorney General Alberto Gonzales and West Virginia's congressional delegation.