Resolution

 

Adopted by the Minnesota State Bar Association Assembly

June 17, 2005

 

That the MSBA should affirm the legal commitment to civil liberties.

 

A resolution affirming the Minnesota State Bar Association's commitment to the civil freedoms guaranteed under the Constitutions of the U.S. and Minnesota.

 

WHEREAS, the Minnesota State Bar Association has a distinguished history of protecting the civil liberties of Minnesotans; and

 

WHEREAS, the Federal Government has enacted laws, executive orders, military orders and justice department directives in response to terrorism, including the USA PATRIOT Act and the Homeland Security Act; and

 

WHEREAS, the Minnesota State Bar Association believes that some liberties guaranteed under the Constitutions of the United States and Minnesota are now directly threatened by some provisions these federal laws, executive orders, military orders and justice department directives.

 

NOW, THEREFORE, BE IT RESOLVED, that the Minnesota State Bar Association:

 

1. Declares and affirms that laws, executive orders, military orders and justice department directives that contain provisions which weaken judicial review risk infringement upon the civil liberties established in the Constitution of the United States of America;

 

2. Affirms that the United States Constitution, including the Bill of Rights, is the ultimate legal authority when it conflicts with laws, executive orders, military orders and justice department directives;

3. Urges Congress and appropriate officials in the federal government to repeal or sunset the provisions of the laws, executive orders, military orders and justice department directives that violate civil liberties under the U.S. Constitution and Bill of Rights; and

 

4. Affirms Minnesota's policy on racial profiling as codified by Minnesota Statute Section 626.8471.

 

5. Transmit a copy of this resolution to the

a) U.S. President,

b) U.S. Attorney General,

c) U.S. Homeland Security Department Secretary,

d) Presiding Officers of the Minnesota Senate and House of Representatives,

e) Minnesota Attorney General,

f) Minnesota Governor, and

g) Minnesota Congressional Delegation.