Terrorism And Personal Liberty
Amendment IV of the Constitution, part of the first 10 amendments to the Constitution knows as the Bill of Rights, states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Amendment V states, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” Note there is no exception to these rights provided for war or public danger.
While Article 1, Section 9, Clause 2 of the U.S. Constitution provides that "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it," the “Threat of Terrorism” has not been deemed to be a rebellion or an invasion.
America is engaged in an undeclared war with an ill-defined enemy (terrorism), a war which threatens to be never ending, and which is being used to vastly expand government power, particularly that of the executive branch, at the expense of the individual liberties of the American people. The "war on terrorism" is serving as an excuse for the government to spend beyond its income, expand the Federal bureaucracy, and socialize the nation through taxpayer bailouts of the airlines, subsidies to the giant insurance corporations, and other Federal programs.
We deplore and vigorously oppose legislation and executive action that deprive the people of their rights secured under the Fourth and Fifth Amendments under the guise of "combating terrorism" or "protecting national security." Examples of such legislation are the National Security Act, the USA PATRIOT Act, and the proposed Domestic Securities Enhancement Act (colloquially known as "Patriot II"), and the Military Commissions Act.
The National Security Act is being used by the federal government as a shroud to prevent the American people and our elected officials from knowing how much and where our tax dollars are spent from covert operations around the world. The National Security Act prevents the release of Executive Orders and Presidential Decision Directives, e.g., PDD 25, to the American people and our elected representatives. Not only are many of these used to thwart justice in the name of national security, but some of the operations under this act may threaten our very national sovereignty.
The USA PATRIOT Act permits arrests without warrants and secret detention without counsel, wiretaps without court supervision, searches and seizures without notification to the individual whose property is invaded, and a host of other violations of the legal safeguards our nation has historically developed according to principles descending from the Fourth and Fifth Amendments.
Since we will no longer have a free nation while the federal government (or the governments of the several states, as the federal government may authorize) can violate our historic rights under such laws, we call for the rejection of all such laws and the ceasing of any such further proposals including the aforementioned Domestic Securities Enhancement Act.
The Constitution Party of Ohio is unalterably opposed to the criminal acts of terrorists, and their organizations, as well as the governments which condone them. Individuals responsible for acts of terrorism must be punished for their crimes, including the infliction of capital punishment where appropriate. In responding to terrorism, however, these United States must avoid acts of retaliation abroad which destroy innocent human lives, creating enmity toward these United States and its people; and in accord with the views of our Founding Fathers, we must disengage this nation from the international entanglements which generate foreign hatred of these United States, and are used as the excuse for terrorist attacks on America and its people. The 'war on terrorism" is not a proper excuse for perpetual U.S. occupation of foreign lands, military assaults on countries which have not injured us, or perpetual commitment of taxpayer dollars to finance foreign governments.