Senator Russell Feingold
cast the lone dissenting vote against the recently passed
Anti-Terrorism Bill.
On October 11, he spoke eloquently to consider the impact
on civil liberties of some
of the sweeping measures in the bill. On October
17, two of his staff
tested positive for anthrax bacteria.
I want to applaud Senator Feingold for his courageous stance.
OPENING STATEMENT OF U.S. SENATOR RUSS FEINGOLD
At the Debate of the Anti-Terrosim Bill
From the Senate Floor October 11, 2001.
ăThere is no doubt that if
we lived in a police state,
it would be easier to catch terrorists.
If we lived in a country where the police
were allowed to search your home at any time
for any reason; if we lived in a country where
the government was entitled to open your mail,
eavesdrop on your phone conversations,
or intercept your email communications;
if we lived in a country where people could be held
in jail indefinitely based on what they write or think,
or based on mere suspicion that they were up to no
good,
the government would probably discover
and arrest more terrorists, or would be terrorists,
just as it would find more lawbreakers generally.
But that would not be a country in which
we would want to live, and it would not be
a country for which we could, in good conscience,
ask our young people to fight and die.
In short, that country would not be
America.
It is important to remember that the Constitution
was written in 1789 by men who had recently
won the Revolutionary War. They did not live
in comfortable and easy times of hypothetical enemies.
They wrote the Constitution and the Bill of Rights
to protect individual liberties
in times of war as well as in times of peace.
There have been periods in our nation's history
when civil liberties have taken a back seat to what
appeared at the time to be the legitimate exigencies of war.
Our national consciousness still bears
the stain and the scars of those events:
The Alien and Sedition Acts,
the suspension of habeas corpus during
the Civil War,
the internment of Japanese-Americans during World War II
and the injustices perpetrated against German-Americans
and Italian-Americans, the blacklisting of
supposed communist sympathizers during the McCarthy era,
and the surveillance and harassment of antiwar protesters,
including Dr. Martin Luther King, Jr. during the Vietnam
war.
We must not allow this piece of our past to become prologue.
Preserving our freedom
is the reason we are now engaged in a war on terrorism.
We will lose that war without a shot being fired
if we sacrifice the liberties of the American people
in the belief that by doing so we will stop the terrorists.
That is why this exercise of considering
the administration's proposed legislation
and fine tuning it to minimize the infringement
of civil liberties is so necessary and so important.
And this is a job that only the Congress can do.
We cannot simply rely on the Supreme Court
to protect us from laws that sacrifice our freedoms.
We took an oath to support
and defend the Constitution
of the United States.
In these difficult times that oath
becomes all the more significant.
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