Constitutional Rights

In the name of homeland security after 9/11, anti-terror legislation passed that granted sweeping authority to federal agencies to investigate all targets, foreign and domestic. The conclusion reached by many of our elected representatives, and echoed repeatedly by President Bush, was that the government needed this additional authority to protect America from future terrorist attacks. After a brief overview of the Founding Fathers’ intent in crafting the Constitution, we explore the current challenges to keeping our rights under mounting pressure to yield them to national security. We provide startling examples of how new and ambiguous pieces of legislation, like the Animal Enterprise Terrorism Act, have already curbed our civil liberties. What you see may change the way you think about the freedoms we so often take for granted.


Tools of Action

Join a Cause Locally: Resolutions Passed and Efforts Underway Across the Country

Tell Congress to Save Free Speech

Campaign to Protect the First Amendment

Sign a Petition for the Immediate and Total Repeal of the USA/Patriot Act

The Project to Repeal the Military Commissions Act

Print out Bill of Rights Bookmarks

Sign a Petition to Defend Civil Liberties Against ‘Anti-Terrorist’ Attack

Donate to the Campaign for Liberty

Ten Ways You Can Help Abolish the AETA

Donate to the AETA4 Defense Fund

Support 9/11 First Responders

Support the Intrepid Fallen Heroes Fund

Code Pink Explains How to Do a Freeway Banner Drop

Write Your Representative HERE

Call Your Members of Congress

Actions for Restoring America

Become an ACLU Member

Activist Tool Kit

Resources

War on Terror causes Worldwide Erosion of Rights

War on Civil Liberties in America

Justifying the Patriot Act

Credentialed Journalist Arrested

Student Tased at Kerry Forum

Police Brutality at RNC

United States Constitution

The Three Branches of Government

Monarchy

Oligarchy

Biographies of the Founding Fathers

For the People, by the People - Lincoln’s Gettysburg Address

Bill Of Rights

Michael Hayden’s Interpretation of the Fourth Amendment

Read the Patriot Act in its entirety

Patriot Act Violates Liberties

ACLU Rebuts Patriot Act

National Security Agency Homepage

5,000 Foreign Nationals Detained, Zero Convicted

Barack Obama’s Complete Voting Record

Instances Involving the Suspension of Habeas Corpus

Read Full Text of Military Commissions Act (H.R. 6166)

ACLU Rebuts Military Commissions Act of 2006

Military Commissions Act Gives Immunity

The Death of Habeas Corpus

The Geneva Conventions

Read Full Text of Homegrown Terrorism and Radicalization Act (H.R. 1955)

Democracy Now Discusses H.R. 1955

Gov Track: H.R.1955

Joe Lieberman Targets Youtube

Joe Lieberman’s Comments Concerning Homegrown Terrorism

Glenn Beck and Penn Jilette on Fox Discussing MIAC Report

Colombia Tribune - MIAC Report

Full MIAC report

Gov Track - Animal Enterprise Terrorism Act

Equal Justice Alliance on the AETA

Read About the AETA 4

Mercury News - AETA 4 Not Guilty

Additional Links of Interest

Constitution Free Zone

Protect America from the Protect America Act

Constitutional Republic vs. Democracy

A Republic, Not a Democracy

Americans: Sheep to the Constitutional Slaughter

Supreme Court Deems Military Commissions Unconstitional

Free Speech Zones

Supreme Court Prolongs Decision on Indefinite Detention

Bush’s Address to the Nation 9/20/2001

Obama Drops Term "Enemy Combatant"

Obama Adopts Bush & Co Presidential Powers

The RNC 8

Patriot Act Use against U.S. Citizens Extended

Cheney & Hannity - Should we Debate the Patriot Act?

Couple Arrested for Flying American Flag Upside Down

Stephen Steinhauser Explains Cost of Civil Liberties

Why Liberties Suffer During Wartime

Washington, You’re Fired!

Constitutional Rights Foundation

Center for Constitutional Rights

American Civil Liberties Union

Transcript

Thank you for tuning into yourTruth. We all love America because we have so many freedoms: the freedom to think, to speak our minds, and to choose the way we want to live. These are just a few of the basic freedoms that make our country great. However, in the wake of the tragedy of September 11, 2001, legislation was passed that systematically eroded these rights. What was the justification? Our elected representatives argued that sacrifices would have to be made in order to protect us from terrorism. But what kind of sacrifices?

Credentialed journalists getting arrested for no reason? Students apprehended for asking questions? Police brutality at non-violent protests? What has happened to America? When did our freedoms become conditional and what powers do "We the People" even have? We have inherent power in just being. People like you and I, just by our mere existence, give the Constitution its authority and power. It does after all begin with "We the People."

What does the Constitution do? The Constitution creates the three governing bodies: Executive, Legislative, and Judicial, which are specifically intended to represent the people. This type of government represented a revolutionary break from the old systems of monarchies and oligarchies, which concentrated power into the hands of few, not many. Because the creators of the Constitution envisioned a type of government for the people by the people, they entitled basic rights that guaranteed our freedom in case the governing bodies stopped serving the interest of the people. There were 10 initial amendments to the Constitution called the Bill of Rights that cemented our civil liberties. These rights are entitled to us from birth. They should never be threatened, undermined, or revoked, so why are they? How does this affect us?

If your home were being searched without your knowledge, your private conversations monitored and recorded, your every move tracked and stored, would you feel violated? Some people argue that they have nothing to hide. But does having nothing to hide make it okay to ignore the invasions of our privacy? These are the questions many Americans have asked with regard to the Patriot Act, which passed in 2001 and was reinstated in 2006.

The Patriot Act allows law enforcement officials to obtain a search warrant anywhere terrorist activity is suspected and increases the penalties for those who commit terrorist acts. The Act also widens the National Security Agency's surveillance powers. Our fourth amendment specifically states that we can't be searched unless there is probable cause. Michael Hayden, the former Director of the National Security Agency and the CIA gives his interpretation of the 4th Amendment.

If the responsibility of our National Security officials is to protect America, shouldn't they know what our rights are? But specifically how does the Patriot Act infringe upon our freedoms? According to the American Civil Liberties Union, the Patriot Act threatens our first, fourth, fifth, sixth, eighth, and fourteenth amendment.

-The act expands terrorism laws to include "domestic terrorism" which could subject political organizations to surveillance, wiretapping, harassment, and criminal action for political advocacy. -It expands the ability of law enforcement to conduct secret searches, giving them broadened powers over phone and internet surveillance, and access to highly personal medical, financial, mental health, and student records with minimal judicial oversight. -Allows FBI agents to investigate American citizens for criminal matters without probable cause if they say it is for "intelligence purposes".

If the government said the Patriot Act was necessary to protect us from terrorism, then why are they using it to terrorize us? In 2007, a woman served three months in jail under the Patriot Act for spanking her child and being unruly to an attendant onboard a flight to Denver. In 2002, a photographer in Denver was arrested and detained for hours for taking pictures of a hotel that Dick Cheney was staying in. His camera equipment was also confiscated. In 2004, an artist and professor at New York State University was arrested on charges of bioterrorism for having laboratory equipment at his home in preparation for an upcoming art exhibit. The art exhibit took a stance against genetically modified foods. After four years of fighting for his freedom, the charges were finally dropped.

The Patriot Act seems to create fear and undermines many of our civil liberties. How did this legislation get passed? It may seem that the Patriot Act was only relevant during the Bush Administration, but it's still a law today. In fact, when President Obama was a Senator, he voted to reinstate it in 2006. History has shown us that citizens united for a common cause can make a difference, so make your voice heard.

History has also shown us that during certain times of war, our writ of habeas corpus has been suspended. Can you imagine being thrown in a dungeon with an iron mask, indefinitely? Sounds like something that happened around 200 years ago in colonial England. It doesn't seem like something that would happen now. In present day, people have been placed in solitary confinement, indefinitely, as a result of the 2006 Military Commissions Act. The Military Commissions Act has raised many concerns regarding our constitutional rights. According to the ACLU, the Military Commissions Act:

-Gives the President the absolute power to decide who is an enemy combatant, and to imprison people indefinitely without charges. -Removes the Constitutional writ of habeas corpus, our basic right to have a court review of why you are being detained. -Allows conviction based on evidence that can be beaten out of a witness, or obtained through other abuse by either the federal government or other countries. -Grants immunity to government officials who authorized or ordered illegal acts of torture or abuse. -Gives the President the ability to define what is and what is not torture and abuse, even though the Geneva Conventions already give us that guide.

The Military Commissions Act undermines many of the rights guaranteed by our Constitution. One of the most glaring examples of this is the imbalance of power it creates by giving a single branch the ability to hold ultimate power, eradicating the system of checks and balances. Possibly the most unsettling aspect of the bill is that it gives our law-breaking government officials immunity. We have a moral obligation to hold our officials accountable and responsible for their actions-nobody should be above the law. Let's urge our Representatives to repeal the Military Commissions Act and restore habeas corpus.

Thankfully in America we still have the power to use our voice, to rally, to protest, and to gather peaceably on any issue. We have the right to a free press, and we have a patriotic duty to petition our government for a redress of grievances. However, according to some elected Representatives, lawyers, and think tanks, there are limitations to the first amendment. Introducing: The Violent Radicalization and Homegrown Terrorism Act of 2007.

The bill defines homegrown terrorism as: "the use, planned use, or threatened use, of force or violence by a group or individual born, raised, or based and operating primarily within the United States…to intimidate or coerce the United States government, the civilian population of the United States, or any segment thereof, in furtherance of political or social objectives."

So what happened to this legislation? It passed in the House of Representatives by an overwhelming 404-6 vote, but widespread opposition forced the Senate to shelve the bill. As of June 1st, 2008, no vote was scheduled during the current legislative year. The good news is widespread opposition by the people prevented this bill from being passed in the Senate, proving that our voices can make a difference. And we can do it again!

Unfortunately, even though the bill got shelved, it doesn't mean that a similar bill can't go through. Furthermore, Senator Joe Lieberman, Chairman of the Homeland Security and Governmental Affairs Committee, has taken matters into his own hands by declaring homegrown terrorism a "grave menace," and has already taken action to make YouTube censor its content.

Individual states appear to be taking matters into their own hands regarding Homegrown Terrorism. In February of 2009, an internal report distributed to local law enforcement by the Missouri Information Analysis Center outlined certain criteria by which to identify potential militia members. This all sounds well and good, but it might not be what you expect.

If you or anybody you know support former presidential candidates Ron Paul, Chuck Baldwin, or Bob Barr, then you could be classified as a radical militia member. Do you know anybody with an anti-war, anti-abortion, or anti-Bush bumper sticker on their car? What about pictures or cartoons displaying anti-government messages? Do you know people that talk about certain films, like Zeitgeist and America: Freedom to Fascism? All of these constitute a threat according to the state of Missouri. Oh, and did we mention that knowing your rights and the Constitution, or being a member of the Campaign for Liberty also categorizes you as a risky suspect? In Missouri, your viewpoints, beliefs, or opinions can classify you as a potential criminal! This undermines the first amendment's power in giving us the freedom to hold and express our beliefs. Recently, the collective efforts of the people standing up for their rights have spurred Ron Paul, Bob Barr, and Chuck Baldwin to take action.

Did you know that the broadened interpretation of what defines acts of terrorism now encompasses animal rights groups? On February 19th and 20th of this year, four animal rights activists were arrested and charged as terrorists for practicing their first amendment rights. They didn't blow up any buildings and they didn't destroy any property. The FBI listed the following incidents:

-Protesting outside the home of a professor and accusing him of being a murderer of animals. -At another protest, activists "marched, chanted, and chalked defamatory comments on the public sidewalks in front of the residences." -At one protest, a group of five or six activists allegedly "attempted to forcibly enter the private home of a University of California researcher in Santa Cruz." -Fliers titled "Murderers and torturers alive & well in Santa Cruz July 2008 edition" were found at a local coffee shop. They listed the names, addresses, and telephone numbers of several researchers. The fliers said "animal abusers everywhere beware we know where you live we know where you work, we will never back down until you end your abuse."

Although some may disagree with their method for exercising their free speech, they were charged as terrorists and now face ten years behind bars under the 2006 Animal Enterprise Terrorism Act. The only actual allegation of criminal activity is the mention of an alleged forced entry or trespassing. Everything else is protected under our first amendment rights. The question is: are these animal rights activists being charged because they really are terrorists, or are they being charged because the "powers that be" want to instill fear, and set an example for the rest of the nation?

Unless we act now, the list of American citizens charged as terrorists will only grow longer. We must let our Representatives know that their job is to serve the best interests of the people-not the lobbyists, not the corporations, and not even the President. Protecting Americans does not entail stripping away our birth rights-protecting us means acting out of logic and not out of fear.

Our country has strayed from the enlightened principles that created America, but it doesn't mean that we can't go back to the foundations of this country. Let's evolve, and not regress. Many heroic men and women have sacrificed their lives for the cause of freedom. Let's do our part to make sure their lives were not lost in vain. We must work within the system to create the change that is necessary. We must face the reality no matter how terrifying it is, and speak up for ourselves and for all future generations. Let's use our power and let the world know that we want our rights back. It's up to us, We the People. I'll do something, will you?