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THE LAW LOFT
WEDNESDAY, OCTOBER 24, 2001
 
SPECIAL ALERT

DISASTER ON THE HILL
HOUSE PASSES H.R. 3162,
THE NEW ANTI-TERRORISM BILL,
SENATE SLATED TO VOTE TOMORROW
WITH NO AMENDMENTS

What happened today:
 
In the House:

As expected, this morning the House passed H.R. 3162, the terrifying so called anti terror bill, by a vote of 357 to 66 without further debate.

In the Senate:

         This evening around 8:00 p.m. ET, the Senate agreed to consider H.R. 3162 tomorrow under an order that provides for five hours, ten minutes of debate on H.R. 3162 tomorrow morning starting at 10:00 a.m. Eastern Time under an order which forbids floor amendments except for one motion to recommit.

What does it mean?

         This is very, very bad news because of the part of the order which forbids floor amendments. If the Senate had agreed to amendments on the floor, then there would be a chance to produce a bill that wasn’t identical to the bill passed in the House today and we would still have had a chance to conference our way into a better result.
         If the Senate passes the bill late tomorrow without amendment which is highly likely, both bills will match and the final result will be passed on to the president this week who will sign the bill. The only slim chance remaining, is if enough senators agree to recommit, then we will still have a chance to push for a better bill. However, given the current mood of the Senate, this is unlikely.

         As it is, in all probability, our only chance to save the Bill of Rights will be a successful challenge in the Supreme Court.

What to do now:

         Although the odds aren’t very good, it is still worthwhile to e-mail both senators and complain about the process. The Supreme Court has on occasion invalidated legislation based on lack of a truely deliberative process as well as unconstitutional content. Thus our only chance here is either to persuade enough senators to vote yes on a motion to recommit or to persuade enough senators to complain about the process here to make the record necessary to support a later challenge in the Supreme Court.
         So, tell them, any piece of legislation this far reaching should have been proceeded by real hearings, real debate, and real deliberation, none of which was present here.

         Tell them:

         • Vote yes on the motion to recommit.

         • Breaking down the Bill of Rights without proper hearings, due deliberation and proper debate violates your oath of office. Say so on the floor!

         • We know you are still reeling from the shock of Sept, 11th, so are we. We know you are hearing scary briefings almost everyday that this administration won’t share with us; we don’t feel any safer than you do just because we can’t hear those briefings. We know you are afraid just to open the mail, so are we; but to give away the Bill of Rights and over two hundred years of liberty just because you are afraid makes cowards and fools of us all, and we will not forgive you!

         • Tell them to remember Benjamin Franklin who said: those who give up any part of liberty for security deserve neither liberty nor security; [Because history shows, without liberty there can be no security.]



 

 
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