www.justiceblind.com


USA PATRIOT Act reloaded
Matthew Robinson, PhD

In 2004, I presented to the Boone Town Council a resolution condemning some sections of the USA PATRIOT Act as unconstitutional.  Two sections identified in the resolution -- each pertaining to the right to privacy and the right to freedom from unreasonable searches of the Fourth Amendment (Sections 213 and 218) --  were just held to be unconstitutional by Federal Judge Ann Aiken.  Aiken wrote that "The Fourth Amendment has served this nation well for 220 years, through many other perils."

T he only sitting member of the Boone Town Council who voted against this resolution was Mr. Dempsey Wilcox.  Wilcox stated publicly that he actually supported the resolution, but would not vote for it at a time of war.  The resolution stated that "the Boone Town Council supports the US campaign against terrorism, but the Boone Town Council affirms its commitment to the US Constitution and liberties guaranteed by the US Constitution and the Constitution of North Carolina … the Boone Town Council urges the President, and executive branch members to review, revise, and rescind executive orders and policies adopted since the terrorist attacks, that limit or compromise the liberties guaranteed by the Constitution and the Bill of Rights … the Boone Town Council strongly urges the US Congress to amend the USA PATRIOT Act in order to restore and protect our nation’s fundamental and inalienable rights and liberties."  The full resolution can be read at: http://bordc.org/detail.php?id=292

When Dempsey Wilcox voted against the resolution, he essentially said to American citizens living in Boone that the only time to stand up for the US Constitution is when everything is hunky-dory and there are not threats to our freedoms.  In other words, in spite of the clear evidence of abuse by US government agents in violation of the Constitutional freedoms granted to us as citizens that I presented to the Town Council, Wilcox voted against the resolution.  When recently asked in a public forum if he stood by his vote, incredibly he said yes (this, despite even more evidence of widespread abuse by the US government against American citizens!).

Section 213 of the USA PATRIOT Act allows law enforcement officers to perform searches of your home with no one present and to delay notification of the search.  Section 218 allows law enforcement officers to search your home without "probable cause."  And Dempsey Wilcox thinks this is ok, as long as we are at war.

Mr. Wilcox is running for reelection.  I ask you to consider whether you value the freedoms granted to you by the US Constitution.  If so, I ask you to vote for any other candidate who is willing to protect your rights.