“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.”
–Article 1, Section 9, Clause 2 of the United States Constitution
“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 IV to the United States Constitution
“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.”
— Amendment V to the United States Constitution
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”
— Amendment I to the United States Constitution
There is no exception to these rights provided for war or public danger, and the threat of Terrorism has not been claimed 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, the proposed Domestic Securities Enhancement Act (colloquially known as “Patriot II”), the Military Commissions Act, the National Defense Authorization Act and especially the creation of the Department of Homeland Security. We further oppose any other governmental action that would deprive persons of life, liberty or property without due process of law.
- The National Security Act is 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 National Defense Authorization Act gives authority to the President of the United States to have persons arrested including U.S. citizens without a warrant, without a trial, indefinitely.
The Constitution Party opposes all violent acts of sedition, treason and covert guerilla warfare conducted on U.S. soil. Individuals responsible for these acts must be punished for their crimes including the infliction of capital punishment where appropriate. In responding to terrorism, however, the United States must avoid acts of retaliation abroad which destroy innocent human lives, creating enmity toward the 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 the 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.
Our Constitution grants no authority to the federal government either to grant or deny the religious expressions of the people in any place. Both the First and Tenth Amendments forbid such tyranny.
We call upon all branches of government to cease their attacks on the religious liberties of the people and the states, regardless of the forum in which these liberties are exercised.
We assert that any form of taxation on churches and other religious organizations is a direct and dangerous step toward state control of the church. Such intrusion is prohibited by the Constitution and must be halted.
We assert that private organizations such as the Boy Scouts of America, can determine their own membership, volunteers, and employment based on their oaths and creeds.