HELENA - Montana lawmakers overwhelmingly passed what its sponsor
called the nation's most strongly worded criticism of the federal
Patriot Act on Friday, uniting politicians of all stripes.
The resolution, which already galloped through the Senate and
passed the House 88-12 Friday, must survive a final vote before it
officially passes.
Senate Joint Resolution 19, sponsored by Sen. Jim Elliott,
D-Trout Creek, says
that while the 2005 Legislature supports the
federal government's fight against terrorism, the so-called Patriot
Act of 2001 granted authorities sweeping powers that violate
citizens' rights enshrined in both the U.S. and Montanan
constitutions.
The resolution, which does not carry the weight of a law but
expresses the Legislature's opinion, encourages Montana law
enforcement agencies not to participate in investigations authorized
under the Patriot Act that violate Montanans' constitutional rights.
It requests all libraries in the state to post a sign warning
citizens that under the Patriot Act, federal agents may force
librarians to turn over a record of books a person has checked out
and never inform that citizen of the request.
The resolution asks Montana's attorney general to review any
state intelligence information and destroy it if is not tied
directly to suspected criminals. It also asks the attorney general
to find out how many Montanans have been arrested under the Patriot
Act and how many people have been subject to so-called "sneak and
peaks," or government searches of a person's property without the
person's knowledge.
Elliott, a Democrat and rancher from northwestern Montana,
sponsored the resolution, but it garnered support from Republicans
on the far right of the political spectrum.
"Sometimes we just take liberty for granted in the country," said
Rep. Roger Koopman, R-Bozeman, who keeps a plant called "the Liberty
Tree" on his legislative desk.
Koopman said his Liberty Tree was "blooming for this bill."
"Frankly, what it says to me is that civil liberties are a
bipartisan issue in Montana," said Rep. Rick Maejde, R-Trout Creek,
who led the House debate for the resolution.
Elliott said he was "very, very pleased" the resolution had such
support.
"Montana isn't the first state that passed a resolution, but this
resolution is the strongest statement against the constitutional
violations of the Patriot Act of any state and almost every city or
county," he said.
Twelve representatives - all Republicans - voted against the
measure, including Rep. Bob Lake, R-Hamilton.
"I don't like resolutions because they do absolutely nothing," he
said in an interview after the vote. He also said the resolution was
too vague. Is it a sacrifice of personal liberty to not be able to
take a gun on an airplane? he asked. Is that the kind of thing this
resolution objects to?
"So, they're going to get this thing back in D.C. and say, 'O.K.,
Montana doesn't like what we're doing. So what?,' " he said. "It has
no meaning to it."