HartwickCollege Student Senate Resolution in Support of Civil Liberties
Approved April 13, 2004
Whereas the Fourth Amendment of the United States Constitution states:
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, and;
Whereas the Fifth Amendment of the United States Constitution states:
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 put twice 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, and;
Whereas Section 1 of the Fourteenth Amendment of the United States Constitution states:
All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws, and;
Whereas PL 107-56 (also known as the USA PATRIOT Act) overrides civil liberties such as those encompassed within the Fourth, Fifth and Fourteenth Amendments of the United States Constitution;
Whereas HartwickCollege has a diverse population of students, faculty, and staff which provide a valuable resource for an enriched education, and
Whereas the Hartwick College Pluralism Statement declares:
HartwickCollege values pluralism: a state in which diverse groups co-exist and interact without necessarily losing their individual identities. We seek to critically address and reduce all forms of prejudice, to foster diversity, and to reduce ethnocentrism and intolerance. Our goal is to increase the presence of underrepresented groups on campus, improve the quality of life of students of racially and ethnically diverse backgrounds, and broaden the understanding, awareness, and appreciation of diversity among all members of the Hartwick community.
The HartwickCollege community is dedicated to uncovering, exploring, critiquing, and overcoming the societal conditions that perpetuate and undermine the ideal of a pluralistic society. We strive to foster democratic values and responsible national and global citizenship. We strive to create a climate that maximizes each individual's capacity to learn and work, and an institution in which diversity is embraced, valued, and celebrated.
Whereas Laura Murphy, Director the American Civil Liberties Union Washington National Office stated that, "Included in this bill are provisions that would allow for the mistreatment of immigrants, the suppression of dissent and the investigation and surveillance of wholly innocent Americans;"
WHEREAS: PL 107-56 , passed on October 26, 2001, shortly after the attacks of September 11, 2001, has provisions that violate basic Constitutional Freedoms by:
- imposing Student Exchange Visitor Information System (SEVIS), a system used to track the movements of international students, which leads to delays in issuing student visas and the possibility of deportation;
- allows for the broad interpretation of ,"terrorism", to include those who participate in public demonstrations meant to ,"influence the policy of a government by intimidation or coercion," (§ 802) where many students involved in war opposition movements have been targeted by searches and their meetings infiltrated by law enforcement officials;
- allows for the seizure of student records without real judicial oversight. or consent of those students (§ 507);
- allows Federal agents to collect information from libraries while placing gag orders on librarians from disclosing occurrences of providing that information (§ 215);
WHEREAS, many other student governments and communities throughout the country have enacted resolutions reaffirming support for civil rights and civil liberties in the face of government policies that threaten these values, and demanding accountability from law enforcement agencies regarding use of these new powers.
THEREFORE BE IT RESOLVED, that the Student Senate of Hartwick College affirms its strong support for the rights of students and opposes measures that single out individuals for legal scrutiny or enforcement activity based on their religion or country of origin, and be it further
RESOLVED: That the Student Senate affirms the civil liberties granted to all people under the Constitutions of the United States and the State of New York, and be it further
RESOLVED: That the Student Senate encourages the College to provide all international students with information pertaining to their civil liberties and provisions within PL 107-56 determining their status in this country, and be it further
RESOLVED: That the Student Senate encourages the Stevens-German Library to provide students with information concerning privacy, and be it finally
RESOLVED: That copies of this resolution be sent to the Hartwick College President, the Board of Trustees, the faculty of Hartwick College, the Vice-President of Student Life, the office of International Programs, the Stevens-German library, the International Admissions office, Oneonta city council, our Senators and Congressperson, the Daily Star, and all other appropriate print and broadcast media.
* The text of this resolution was drawn from similar resolutions passed by student governments at IowaStateUniversity, the Universtity of Wisconsin, Madison, and the University of Nebraska, Lincoln.