posted on Feb, 9 2004 @ 02:00 PM
The resolution is not a law, but a recommendation. It is a public declaration by the people of New York, saying "We think the Patriot Act is a
danger to our rights as protected by the Constitution, and we will never give up our rights that's what makes us Americans." The FBI and Federal
Government cannot force the police or citizens to do their work for them. While the the federal law technically trumps a local ordinance, the people
within the county or state don't have to cooperate with the feds, they are just not allowed to hinder their investigations.
The most important aspect of New York's resolution though, is the fact that they were the one's who suffered most from the attacks, yet they are
standing up and telling the government to back off!! Don't use our name to infringe on people's rights!! With 3 states and 246 municipalities and
counties that have passed the same type of resolution, it is going to be more and more difficult for Congress and the President to ignore the voices
of the people. It is also virtually impossible to intimidate that many people into submission, so unless they want to use military power to force
recognition of their authority, they can't really do anything about it.
According to Article 1 Section 8 of the Constitution of the United States, the enumerated rights of the Congress are limited to,
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general
welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the securities and current coin of the United States;
To establish post offices and post roads;
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective
writings and discoveries;
To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United
States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline
prescribed by Congress;
To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular
states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places
purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and
other needful buildings;--And
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this
Constitution in the government of the United States, or in any department or officer thereof.
and this is enforced by,
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to
the people.
Hopefully New York's action on this will inspire more and more cities and states to follow suit. The only way we, as a country, are going to retain
our freedom, is if we start standing up for ourselves and show the government that we are not asleep anymore and we won't let them take advantage of
us.