Passed today in the Maine House regarding the Patriot Act...

[Maine Mary]

_________________________________

State of Maine
House of Representatives
121st Legislature
Second Special Session
HOUSE ADVANCE JOURNAL AND CALENDAR
Friday, March 19, 2004

SUPPLEMENT NO. 1

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ORDERS
(4-1) On motion of Representative HUTTON of Bowdoinham, the following Joint Resolution: (H.P. 1433) (Under suspension of the rules, cosponsored by Senator STRIMLING of Cumberland, President DAGGETT of Kennebec and Representatives: ADAMS of Portland, ASH of Belfast, BARSTOW of Gorham, BEAUDETTE of Biddeford, BLANCHETTE of Bangor, BLISS of South Portland, BRANNIGAN of Portland, BULL of Freeport, CANAVAN of Waterville, Speaker COLWELL of Gardiner, COWGER of Hallowell, CRAVEN of Lewiston, CUMMINGS of Portland, DUDLEY of Portland, DUNLAP of Old Town, DUPLESSIE of Westbrook, DUPREY of Medway, EARLE of Damariscotta, EDER of Portland, FAIRCLOTH of Bangor, FISCHER of Presque Isle, GERZOFSKY of Brunswick, GOODWIN of Pembroke, GROSE of Woolwich, HATCH of Skowhegan, JACKSON of Fort Kent, JENNINGS of Leeds, KANE of Saco, KETTERER of Madison, KOFFMAN of Bar Harbor, LEMOINE of Old Orchard Beach, LERMAN of Augusta, LESSARD of Topsham, LORING of the Penobscot Nation, MAILHOT of Lewiston, MAKAS of Lewiston, MARLEY of Portland, McGLOCKLIN of Embden, McKEE of Wayne, McLAUGHLIN of Cape Elizabeth, MILLS of Farmington, NORBERT of Portland, NORTON of Bangor, O'BRIEN of Lewiston, O'NEIL of Saco, PARADIS of Frenchville, PATRICK of Rumford, PELLON of Machias, PERCY of Phippsburg, PERRY of Calais, PERRY of Bangor, PINEAU of Jay, PINGREE of North Haven, RICHARDSON of Brunswick, RINES of Wiscasset, SAMPSON of Auburn, SAVIELLO of Wilton, SIMPSON of Auburn, SMITH of Monmouth, SMITH of Van Buren, SULLIVAN of Biddeford, SUSLOVIC of Portland, THOMAS of Orono, TRAHAN of Waldoboro, TWOMEY of Biddeford, USHER of Westbrook, WALCOTT of Lewiston, WATSON of Bath, WHEELER of Kittery, WOTTON of Littleton, Senators: BRENNAN of Cumberland, BROMLEY of Cumberland, BRYANT of Oxford, CATHCART of Penobscot, DAMON of Hancock, DOUGLASS of Androscoggin, EDMONDS of Cumberland, GAGNON of Kennebec, HALL of Lincoln, HATCH of Somerset, MARTIN of Aroostook, MAYO of Sagadahoc, President Pro Tem TREAT of Kennebec) (Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 214)

JOINT RESOLUTION MEMORIALIZING THE PRESIDENT OF THE UNITED STATES AND THE CONGRESS OF THE UNITED STATES TO ENSURE THE PROTECTION OF CIVIL LIBERTIES AND THE SECURITY OF THE UNITED STATES

WE, your Memorialists, the Members of the One Hundred and Twenty-first Legislature of the State of Maine now assembled in the Second Special Session, most respectfully present and petition the President of the United States and the United States Congress, as follows:

WHEREAS, the State of Maine recognizes that the Constitution of the United States is our charter of liberty and that the Bill of Rights enshrines the fundamental and inalienable rights of Americans, including the freedoms of religion, speech, assembly and privacy; and

WHEREAS, each of Maine's duly elected public servants has sworn to defend and uphold the Constitution of the United States and the Constitution of Maine; and

WHEREAS, the State of Maine denounces and condemns all acts of terrorism, wherever occurring; and

WHEREAS, attacks against Americans such as those that occurred on September 11, 2001 have necessitated the crafting of effective laws to protect the public from terrorist attacks; and

WHEREAS, any new security measures of federal, state and local governments should be carefully designed and employed to enhance public safety without infringing on the civil liberties and rights of any citizen of the State of Maine and the nation; and

WHEREAS, matters relating to immigration are primarily federal in nature; and

WHEREAS, certain provisions of the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001," commonly referred to as the USA PATRIOT Act, allow the Federal Government more liberally to detain and investigate citizens and engage in surveillance activities that may violate or offend the rights and liberties guaranteed by our state and federal constitutions; now, therefore, be it

RESOLVED: That We, your Memorialists, on behalf of the people we represent, take this opportunity to inform the President of the United States and the United States Congress that the Maine State Legislature supports the government of the United States of America in its campaign against terrorism and affirms its commitment that the campaign not be waged at the expense of essential civil rights and liberties of citizens of this country contained in the Constitution of United States and the Bill of Rights; and be it further

RESOLVED: That We, the Members of the Maine State Legislature reaffirm our sworn oaths to defend the Constitution of the United States and the Constitution of Maine and our solemn commitment to continue to protect and champion the rights and liberties of Maine citizens that are guaranteed under the state and federal constitutions, including freedom of expression; the right to free access to public information; freedom of association, including the ability to attend meetings without being monitored or belong to an organization without fear of reprisal; freedom from unreasonable searches and seizures, including wiretapping and monitoring of medical records and library records; due process protections, including protection against detention without charges or targeting based on race, religion, ethnicity or national origin; and the right to property, including protection against seizure or freezing of assets; and be it further

RESOLVED: That the Maine State Legislature urges the Federal Government to continue to exercise its jurisdiction over immigration matters and encourages the Federal Government to work cooperatively with the states to provide assistance and training necessary to protect our country; and be it further

RESOLVED: That laws passed by the United States Congress to specifically combat the threat of international terrorism should not be used in conducting domestic law enforcement; and be it further

RESOLVED: That the Maine State Legislature implores the United States Congress to review provisions in the USA PATRIOT Act and other measures that may infringe on civil liberties and ensure any pending and future federal measures do not infringe on Americans' civil rights and liberties; and be it further

RESOLVED: That the Legislature calls upon our United States Representatives and Senators to monitor the implementation of the USA PATRIOT Act and related federal actions and, if necessary, repeal those sections of the USA PATRIOT Act and related federal measures that may infringe upon fundamental rights and liberties as recognized in the United States Constitution and its amendments; and be it further

RESOLVED: That official copies of this resolution, duly authenticated by the Secretary of State, be transmitted to the Honorable George W. Bush, President of the United States; the Honorable John Ashcroft, Attorney General of the United States; the Honorable John E. Baldacci, Governor of the State of Maine; Richard Cheney, President of the United States Senate; Dennis Hastert, Speaker of the United States House of Representatives; and each member of the Maine Congressional Delegation.

[ithacan]

1. you have such a cool state!!!

this is great! Thanks for the news MM!

[MAlibdem]

2. uh...

i don't think that's legal...

but hey, good for them...screw federalism

[Maine Mary]

3. What don't you think is legal?

:shrug:

[ithacan]

5. this is not a law, it's a resolution

calling on Congress to rethink the Patriot Act.
How is that illegal?

[indepat]

6. Is not unconstitutional law illegal and should not SCOTUS overturn

unconstitutional law?

[indepat]

8. Sure wish circumstances would permit me to move to Maine

[prodigal_green]

13. It may not be legally binding

but that is not the same as saying it is illegal.

Illegal means against the law or breaking the law.

[shance]

18. Are you hoping it is not binding? Why degrade the progress here?

n/t

[prodigal_green]

19. No, of course not

My response was to MALib's and Indypat's statement/question.

[Maine Mary]

15. WTF does SCOTUS have to do with this?

ANY State has the right to assert their opinion just as an any individual does.

[Th1onein]

7. Yeah Maine!

I wish Texas would come next. We have a history of being a country unto ourselves, and of respecting state's rights.

{Let's not mention GWB. He is, after all, from Connecticut. As a proud Texan, I disavow him as a fellow citizen.)

[proud patriot]

Yay Maine

:bounce:

[Generic Other]

4. Darn, I had hoped you'd secede if Patriot Act wasn't nullified

Oh well. This is the next best thing!

Glad to know that there are legislators like you Mary looking out for your state's citizens.

[Old and In the Way]

9. As Maine goes, so goes the nation.....

Great news MM!

[Maine-i-acs]

10. Proud to be a Maineiac!

Now I hope we don't get labeled Treasonous or get invaded now...

Or else we might have to start a Lobster Embargo!

[Maine Mary]

14. LOL!

I recently met a young man from a coastal community in Washington County who was "shadowing" his Representative. He had recently returned from Active Duty in Iraq and said that he often told his fellow military buddies that he had grown up in Maine so poor that "my family was forced to eat lobster every day"! :-)

[Malva Zebrina]

16. Not so impossible

A 95 year old, old timer, here on mid coast, told me that lobster was considered junk food at one time. Another friend who was born and bred on an Island nearby, told me that she had a lobster in her school lunch pail almost every day.

[Maine Mary]

11. AP story; Partisan fight brews over Patriot Act

Sadly not only this issue but others have caused this term to be the most bitter and contentious I personally have ever seen among the parties. LOTS of nastiness going on. In fact, just last week, the leader of Maine's Christian Coalition was rightfully criticised for requesting the names of "any suspected Gay Maine Legislators". I kid you not.

In today's debate on the Patriot Act, about 2/3rds of Maine R's walked out in protest. Ironically, the sponsor of the Resolution had bent over backwards and really watered it down in order to TRY to get some R support. Now I kind of wish she hadn't.

I just got home from a week in Augusta and REALLY feel the need to take a shower.



From the AP WIRE Today's stories

Wednesday, March 17, 2004 5:45 pm

Partisan fight brews over Patriot Act


AUGUSTA, Maine — An election-year fight was brewing Wednesday in the State House over a Democratic-backed resolution asking for changes in the federal Patriot Act.

The resolution, which awaited legislative debate, asks President Bush and Congress to ensure that the war against terrorism "not be waged at the expense of essential civil rights and liberties of citizens."

....snip.....

Among the resolution´s supporters are the Maine Civil Liberties Union, the National Association for the Advancement of Colored People, the AFL-CIO, the Maine Peace and Justice Coalition and National Lawyers Guild.

.....snip....

"The continued election year politicking by the Democrat Party to score political points is tiring," said Peter Cianchette, Maine chairman of the Bush-Cheney re-election campaign. :puke:

[chefgirl]

12. Thanks for posting this, MaineMary

I saw something of the protest (of the Patriot Act) the other day on the local news. I was very heartened by what I saw.

I'm so glad to be living in a state where lawmakers still live in the land of reality, and not republican fantasyland.

Kudos to you all! Keep up the good work!
Yay Maine!

-chef-

[roguevalley]

17. Excellent. Alaska did the same. Book ends for the country. :)

[chelsea0011]

20. Mainiacs are very independent thinkers

I'm "from away" and live part time in Maine and have come to see Mainers as very independent in their views. I may not agree with all things political in Maine but they always surprise me with their firm views of the way things should be.