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I am writing to petition my government for a redress of grievances, as permitted by the First Amendment to the Constitution of the United States of America. I call upon the Congress of the United States of America to review, in a public forum, the potential threats to the United States Constitution represented by the actions of the Bush Administration and specifically the Department of Justice.
The Constitution specifies that you "shall be bound by Oath of Affirmation to support this Constitution." I call upon you, as my Representative and Senators to consider your oath of office in the context of this petition.
"I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God."
I remind you that the substance of this oath was crafted by Congress in a time of war and national crisis (The Civil War). The current national crisis, such as it is, pales by comparison.
The founding documents of the United States of America enshrine, in specific and undeniable terms, the mechanism of distributing government power through three distinct and separate branches of government. This principle, by which no arm of government can act without the oversight and consent of the others, ensures that no single branch of government, has the power to impose their will on the people of the United States, no matter how well-intentioned they might be.
Unchecked power is the hallmark of tyranny and is a threat to the Constitution and the People of the United States. I respect the wisdom of the men that crafted this solution. These men also found it necessary to enumerate certain rights in the Bill of Rights, in plain and simple language. Not only are the powers of the three branches of the United States government limited by each other, they are limited by the rights of the Citizens of the United States as defined in the Constitution. I am not an attorney, and I prefer the plain and simple language of these documents to the convoluted and nuanced language of modern law. It has taken me significant time and effort to attempt to understand the grievance I present in this letter.
The foreign threats to the United States should not be underestimated; they are very real. We now live in an environment where threats to personal safety are prominent in the minds of most Americans. That said, the constant reiteration of these threats cannot be allowed to distract you from your duty to act to support and defend the Constitution. To speak plainly, if you allow the Constitution to be compromised in the name of security, you have violated your oath of office, and only a valueless and hollow representation of the United States will be secure.
I contend that actions by and proposals from the Department of Justice, on their face, violate the letter, principles and rights enumerated in the Constitution and Bill of Rights. The Department of Justice and Administration have challenged, evaded and directly violated these principles, on numerous occasions, and appear intent on doing so, to an even greater degree, in the future. I consider this a significant threat to the United States and the Constitution, and urge action on the part of Congress, to support and defend my Constitution.
This Administration and the Department of Justice have shown a reckless disregard for the principles and values they (and you) have sworn to uphold. At the very least the persons responsible for these actions and proposals, should be called to defend their positions in public hearings before Congress and the American People.
I do not question the Attorney General's intent, nor am I concerned with Mr. Ashcroft's past. I am sure he is acting in what he believes to be a just and reasonable manner and in the interest of the United States. That said, in the United States, good intentions are simply not adequate justification to restrict, limit or threaten the rights of the citizenry. You are obligated to challenge the actions of even the best-intentioned members of the executive branch when they conflict with the Constitution and the principles enumerated therein.
The Justice Department's concept of American, with secret surveillance, secret detention, secret trials and even expatriation and deportation have begun to resemble the values of a police state. I believe that immediate action is required to review and oversee the existing record of action, pending proposals and those supporting them within the Department of Justice.
If Americans, driven by fear and terror, erode and violate our constitutional principles, then the terrorists have won, and you, through inaction, are the mechanism of our defeat. Fear and anxiety cannot be allowed to compromise this nation or its values. We have seen similar periods in our history, and we have, as a nation, come to regret them with the wisdom of hindsight. I ask you to spare us more regret in the future by addressing this domestic threat now.
2003.02.21.
April 11, 2003
Thank you for getting in touch with me regarding the protection of civil liberties in the United States. It's good to hear from you.
I appreciate hearing of your concerns about a possible proposal by the Justice Department to introduce legislation called the Domestic Security Enhancement Act of 2003, or "Patriot Act II." I want you to know that while I am deeply concerned about homeland security, I believe that we can fight the war on terrorism while respecting our core constitutional and civil rights.
Currently, there has been no legislation introduced in Congress. I will keep your thoughts in mind should anything resembling a Patriot Act II be introduced.
Again, thanks for getting in touch with me. If there's anything I can do for you in the future, please do not hesitate to contact me.
Sincerely,
Barbara A. Mikulski
United States Senator
P.S. If I can be of any further assistance in the future, please visit my website at http://mikulski.senate.gov or call my Washington office at 202-224-4654.