reaffirming the state of hawaii's commitment to civil liberties and the bill of rights.
WHEREAS, the Hawaii State Legislature is committed to upholding the United States Constitution and its Bill of Rights, and the Hawaii State Constitution and its Bill of Rights (Article I, Sections 1-22); and
WHEREAS, the State of Hawaii has a distinguished history of safeguarding the freedoms of its residents; and
WHEREAS, the State of Hawaii is comprised of a diverse and multi-ethnic population, and has experienced first hand the value of immigration to the American way of life; and
WHEREAS, the residents of Hawaii during World War II experienced first hand the dangers of unbalanced pursuit of security without appropriate checks and balances for the protection of basic liberties; and
WHEREAS, the recent adoption of the USA Patriot Act and several executive orders may unconstitutionally authorize the federal government to infringe upon fundamental liberties in violation of due process, the right to privacy, the right to counsel, protection against unreasonable searches and seizures, and basic First Amendment freedoms, all of which are guaranteed by the Constitutions of Hawaii and the United States; and
WHEREAS, the citizens of Hawaii are concerned that the actions of the Attorney General of the United States and the United States Justice Department pose significant threats to Constitutional protections; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-Second Legislature of the State of Hawaii, Regular Session of 2003, the House of Representatives concurring, that the State of Hawaii urges its Congressional delegation to work to repeal any sections of the USA Patriot Act or recent executive orders that limit or violate fundamental rights and liberties protected by the Constitutions of Hawaii and the United States; and
BE IT FURTHER RESOLVED that to the extent legally possible, no state resources - including law enforcement funds and educational administrative resources - may be used for unconstitutional activities, including but not limited to the following under the USA Patriot Act:
(1) Monitoring political and religious gatherings exercising their First Amendment Rights;
(2) Obtaining library records, bookstore records, and website activities without proper authorization and without notification;
(3) Issuing subpoenas through the United States Attorney's Office without a court's approval or knowledge;
(4) Requesting nonconsensual releases of student and faculty records from public schools and institutions of higher learning; and
(5) Eavesdropping on confidential communications between lawyers and their clients.
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to Hawaii's delegation in the United States Congress.