olina Constitution as inalienable liberties which are secured against the powers of our federal and state governments; and

WHEREAS, the City of Raleigh has a long and distinguished history of protecting and enhancing the rights of its citizens and we find the erosion of these rights a cause for great alarm; and

WHEREAS, Raleigh is a politically diverse population which includes traditional and new residents, students, immigrants, and others whose combined contributions are vital to our City’s growth and character; and

WHEREAS, acts of terrorism against the United States on September 11, 2001, prompted the federal government to declare a “war on terrorism”, many aspects of which, in its domestic implementation, constitute an assault with few precedents on the following constitutional amendments:

• First Amendment, which provides that no law shall be made “abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances”; • The Fourth Amendment, which declares, “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, upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons and things to be seized”; • The Fifth Amendment, which states that no person “shall be compelled in any criminal case to be a witness against himself, nor shall be deprived of life, liberty, or property, without due process of law”; • The Sixth Amendment, which guarantees defendants “the right to a speedy and public trial, by an impartial jury…and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense”; • The Eighth Amendment, which states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”; • The Fourteenth Amendment, which prohibits the government from denying “to any person within its jurisdiction the equal protection of the laws”; and

WHEREAS, the provisions of the Constitution apply in wartime as in peace; and to violate or depart from them, under the plea of necessity or any other plea, is subversive of good government.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF RALEIGH:

Section 1. Maintains that the United States Constitution, including the Bill of Rights, is the ultimate legal authority whenever its provisions conflict with those of the U.S.A. Patriot Act, or federal Executive Orders;

Section 2. Requests the Mayor to transmit a copy of this Resolution, upon adoption, to the Governor, Attorney General, and General Assembly of North Carolina, all members of Congress representing the residents of Raleigh and North Carolina, and president and Attorney General of the United States.

Community Group / Coalition: Wake County ACLU Contact Information: P.O. Box 25745 Raleigh , NC 27611 5745 (http://www.acluofnorthcarolina.org/wake.html)

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