LETTER TO CONGRESS REGARDING CIVIL LIBERTIES
Noah Kornblith, Daniels and Younge Fellow, SpiritHouse 2005

Dear Congressional Member:

Many adults, and this includes members of Congress, believe that young people do not care about the world or the state of democracy in our country. We do! Not only do young people care, but many of us are willing to use our gifts and skills to preserve and advance democracy.

My work at SpiritHouse, a national social justice organization in DC, evidences my commitment, passion, and concerns about democracy by protecting our civil liberties, thus stabilizing and advancing our sacred democracy. Therefore, my letter to you is an urgent plea that reflects my concerns about diminishing democracy at home and abroad.

I ask those congressional members who care about advancing democracy to use your power and connections to stem the tide of the USA Patriot Act II. Moreover, I invite you to join myself and other young people at a press conference on July 27th, 2005 at the United Methodist Building from 1pm to 3pm.

It is my generation's hope that Congress will take our concerns seriously. As a young person, I am deeply concerned about the erosion of our civil liberties and the gutting of the Constitution by way of the USA Patriot Act. It is important to remember that many Americans of all colors have died and sacrificed to hold the line of our constitutional democracy, as well as to advance it. The Patriot Act forgets roots and understanding patriotism on actions that violate the many Americans who fought to preserve our constitutional democracy.

There is a long and short-term danger of forgetting this and using our adherence to the Patriot Act as a litmus test for our patriotism. In both the short and long term, the U.S.A. Patriot Act II weakens the foundation of our democracy and sets the ground for a totalitarian state. It erodes our freedom of speech/dissent and all those rights protected under the First, Fourth, and Fifth Amendments. In addition to repressing civil liberties, the Patriot Act II shifts the balance of power overwhelmingly to an unchecked Executive Branch. Sections of this nature include:

Section 501: A citizen may have his/her citizenship stripped for associating with an organization deemed by the Attorney General to be involved in terrorist activities. The legality of the actions with the organization is irrelevant.

This corrodes the notion of democracy. It penalizes a citizen for expressing and participating in a dissenting opinion. Furthermore, this section clearly violates the constitutionally protected freedom of association under the First Amendment. Finally, articles I, II, and III of the U.S. Constitution are at jeopardy. This section challenges the separation of powers by allowing the Attorney General to have limited judicial or legislative oversight. Section 501 acts as a seed for corruption and the decay of democracy.

Section 107: The government would be authorized to use pen registers and other surveillance equipment without obtaining a warrant. If the Attorney General deems the citizen associates with "international terrorism or clandestine intelligence activities," said citizen is suspect to unconstitutional surveillance.

Section 107 requires no judicial oversight. It undercuts the fundamental principle of the Fourth Amendment and the requirement of probable cause. This section strikes at the foundations of democracy. Invasions of privacy can frighten and sway dissenters from expressing their opinions. The essential right to privacy is emasculated as government is given authority, without the court’s sanction, to violate a citizen's "reasonable expectation of privacy." The United States Supreme Court decision in Katz v. United States protects this expectation. Yet the Patriot Act II disregards the ruling.

While those are just two examples, many other Constitutional and civil liberties violations exist in the Patriot Act II. These include indefinite detention without trial, access to credit and educational records, the Attorney General's unchecked detention power, and many others. These sections resemble counter-insurgency methods used by the F.B.I. and C.I.A. during the civil rights movement. The Church Committee Report of 1976 exposes COINTELPRO and the C.I.A. operation CHAOS. If those operations were later thought of as unconstitutionally invading privacy and the right to freely express, then so must be the Patriot Act II. Many provisions of surveillance and counter-insurgency follow the same guidelines. It is important that as a nation we learn from past wrongs in order to stem further errors. Our freedoms and the ability to dissent are essential for a well-functioning democracy. The recent termination of Section 215 by the House of Representatives gives me hope that Congress is willing to fight for American liberties.

After investigating the USA Patriot Acts I and II, their function to undermine democracy and repress dissent is evident. I fear these acts shatter the ideals which make me proud to be an American. At 1:00pm, the event will take place at the United Methodist Building. We will be discussing national and social justice concerns. I hope that you or someone from your staff is able to attend in support of a free American democracy. I look forward to hearing from you. Thank you very much for your time.

Sincerely,
Noah Kornblith
Spirit House (202) 548-7640
RoloT13@aol.com