Legislative Actions Constituting the Oath Of Office Index1. Senate Bill 317.
S. 317 is a bill which, if passed, would keep government agents from tearing through your bookstore receipts and library records without your permission or knowledge. The Fourth Amendment to the Constitution of the United States mandates that The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Thanks to the Patriot Act, the United States Government has moved beyond the Constitution in its powers, taking on the power to search through your papers and effects for evidence of terrorism without a warrant established on the basis of probable cause that describes the the target of the search and the identity of suspected objects or information. S. 317 would restore that constitutionally-required standard, mandating a certification of "specific and articulable" facts providing cause for the warrant and the search.
Cosponsorship of S. 317 is an act to support and defend the Constitution.
Failure to cosponsor S. 317 is a failure to support and defend the Constitution.
2. The Levin Amendment.
The Eighth Amendment to the Constitution states that Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Torture, because of its nature as a cruel punishment, is unambiguously unconstitutional.
During the 109th Congress, Senator Carl Levin proposed a legislative amendment that would have established "a national commission on policies and practices on the treatment of detainees since September 11, 2001." The American people have been waiting years for the establishment of such a commission, which would finally bring about an independent investigation into the secret torture practices of the Bush Administration. A thorough investigation of Bush torture policies is an essential step toward bringing those policies to an end.
A YES vote on the Levin Amendment is a vote to support and defend the Constitution.
A NO vote on the Levin Amendment is an attack upon the Constitution.
3. The Graham Amendment.
Republican Sen. Lindsey Graham introduced an Amendment to the National Defense Authorization Act. The Graham Amendment proposed to insert the following text into the U.S. Code: | (1) IN GENERAL - Section 2241 of title 28, United States Code, is amended by adding at the end the following new subsection:
"..(e) No court, justice, or judge shall have jurisdiction to consider -
..(1) an application for a writ of habeas corpus based on policies established by the Secretary of Defense under section 1071(a) of the National Defense Authorization Act for Fiscal Year 2006 filed on behalf of an alien who is detained by the Secretary of Defense as an enemy combatant, or
..(2) any other action, challenging any aspect of the detention of an alien who is detained by the Secretary of Defense as an enemy combatant".
(2) EFFECTIVE DATE - The amendment made by paragraph (1) shall apply to any application or other action pending on or after the date of the enactment of this Act. |
The Graham Amendment had three effects:
1. It removes the power of the courts to hear a writ of habeas corpus from any non-citizen who is held prisoner by the Secretary of Defense. That means that no court will have the power to determine the identities of people being held prisoner by the Secretary of Defense, where they are being held prisoner, and why they are being held prisoner.
2. It removes the power of the courts to make any ruling on any aspect of any prisoner’s detention. This includes torture.
3. It makes the changes retroactive. That means that even if torture was done two years ago, the amendment takes away the power of the courts to do anything about it.
The Fifth Amendment to the United States Constitution clearly mandates that no person be deprived of life, liberty, or property, without due process of law. The Sixth Amendment to the Constitution requires that in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. The right to process of law in which the accused may confront and make petition regarding evidence and witnesses against him or her is the right of habeas corpus which the Graham Amendment proposes to extinguish. Since habeas corpus rights are guaranteed by the Constitution, the Graham Amendment is an assault upon the Constitution. The Graham amendment passed, and the language of the amendment survived into the final law passed by both houses of Congress and signed by the president.
A NO vote on the Graham Amendment is a vote to support and defend the Constitution.
A YES vote on the Graham Amendment is an attack upon the Constitution.
4. Renewal of the Patriot Act.
To reiterate, the Fourth Amendment to the Constitution of the United States mandates that The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The Patriot Act is a violation of the Fourth Amendment, since it permits the executive branch of the government to spy on the legal, personal activities of Americans who not only have not broken the law, but for whom there is no probable cause to suspect lawbreaking. The Bush Administration is using that power to grab pieces of information and assemble them into a single giant computer database through which the private affairs of every American citizen can be tracked by government officials. Under the Patriot Act, the people are no longer secure in their persons, houses, papers or effects.
A NO vote on Patriot Act reauthorization is a vote to support and defend the Constitution.
A YES vote on Patriot Act reauthorization is an attack upon the Constitution.
5. Senate Amendment 4064 to S. 2611.
This Amendment, which declared English to be the National Language of the United States of America, and also declared that "no person has a right, entitlement, or claim to have the Government of the United States or any of its officials or representatives act, communicate, perform or provide services, or provide materials in any language other than English," was passed by the United States Senate, and S. 2611 itself was passed by the Senate. It is only a final-stage legislative stalemate that has prevented S. 2611 from becoming the law of the land.
The Fourteenth Amendment to the Constitution mandates that the government shall not deny to any person within its jurisdiction the equal protection of the laws. If official government business is conducted in English only, those who do not speak English will not have equal protection under the laws, because they will be denied equal access to the very workings of government. Equal protection is what the Constitution requires, and equal protection is what Amendment 4064 tries to take away.
A NO vote on Senate Amendment 4064 is a vote to support and defend the Constitution.
A YES vote on Senate Amendment 4064 is an attempt to circumvent and weaken the Constitution.
6. S. 3930, The Tyrrany Act.
Senate Bill 3930, the Tyrrany Act, installs undemocratic executive committees without review to designate citizens and noncitizens alike as enemy combatants without standards for proof. It allows hearsay evidence to be used to convict an accused person. It nullifies the right to a speedy trial and replaces a jury with military officers. It allows court proceedings to be classified. It permits indefinite detention without the right to review or challenge.
The Fifth Amendment to the United States Constitution clearly mandates that no person be deprived of life, liberty, or property, without due process of law. The Sixth Amendment to the Constitution requires that in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. Because the Tyrrany Act violates the Fifth and Sixth Amendments to the Constitution, it is a legislative assault upon the Constitution itself. The Senate passed S. 3930 in a flagrant betrayal of the Senate Oath of Office.
A NO vote on S. 3930 is a vote to support and defend the Constitution.
A YES vote on S. 3930 is a direct frontal assault upon the Constitution.
The United States Constitution is the central defining document of America and Americanism. Legislative acts which weaken or act in contravention of the Constitution are therefore not only violations of the Senate Oath of Office; they are unAmerican, even anti-American acts. Anti-American Senators who fail to support and defend the Constitution must be held to account.
| |
Key:  |  |  |  |  |  | | Cosponsored S. 317 | Yes on Levin Amdt. | No on Graham Amdt. | No on Patriot Act Reauth. | No on Amdt. 4064 | No on S. 3930 |
| Senator Daniel Akaka,
Democrat of Hawaii
. Oath Of Office Index: 83/100. |
|
|
|
|
|
|
| Senator Lamar Alexander,
Republican of Tennessee
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Wayne Allard,
Republican of Colorado
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator George Allen,
Republican of Virginia
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Max Baucus,
Democrat of Montana
. Oath Of Office Index: 50/100. |
|
|
|
|
|
|
| Senator Evan Bayh,
Democrat of Indiana
. Oath Of Office Index: 83/100. |
|
|
|
|
|
|
| Senator Robert Bennett,
Republican of Utah
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Joseph Biden,
Democrat of Delaware
. Oath Of Office Index: 67/100. |
|
|
|
|
|
|
| Senator Jeff Bingaman,
Democrat of New Mexico
. Oath Of Office Index: 83/100. |
|
|
|
|
|
|
| Senator Christopher Bond,
Republican of Missouri
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Barbara Boxer,
Democrat of California
. Oath Of Office Index: 67/100. |
|
|
|
|
|
|
| Senator Sam Brownback,
Republican of Kansas
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Jim Bunning,
Republican of Kentucky
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Conrad Burns,
Republican of Montana
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Richard Burr,
Republican of North Carolina
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Robert Byrd,
Democrat of West Virginia
. Oath Of Office Index: 50/100. |
|
|
|
|
|
|
| Senator Maria Cantwell,
Democrat of Washington
. Oath Of Office Index: 67/100. |
|
|
|
|
|
|
| Senator Thomas Carper,
Democrat of Delaware
. Oath Of Office Index: 33/100. |
|
|
|
|
|
|
| Senator Lincoln Chafee,
Republican of Rhode Island
. Oath Of Office Index: 33/100. |
|
|
|
|
|
|
| Senator Saxby Chambliss,
Republican of Georgia
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Hillary Clinton,
Democrat of New York
. Oath Of Office Index: 67/100. |
|
|
|
|
|
|
| Senator Tom Coburn,
Republican of Oklahoma
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Thad Cochran,
Republican of Mississippi
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Norm Coleman,
Republican of Minnesota
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Susan Collins,
Republican of Maine
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Kent Conrad,
Democrat of North Dakota
. Oath Of Office Index: 33/100. |
|
|
|
|
|
|
| Senator John Cornyn,
Republican of Texas
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Jon Corzine,
Democrat of New Jersey
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Larry Craig,
Republican of Idaho
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Michael Crapo,
Republican of Idaho
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Mark Dayton,
Democrat of Minnesota
. Oath Of Office Index: 67/100. |
|
|
|
|
|
|
| Senator Jim DeMint,
Republican of South Carolina
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Mike DeWine,
Republican of Ohio
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Christopher Dodd,
Democrat of Connecticut
. Oath Of Office Index: 67/100. |
|
|
|
|
|
|
| Senator Elizabeth Dole,
Republican of North Carolina
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Pete Domenici,
Republican of New Mexico
. Oath Of Office Index: 17/100. |
|
|
|
|
|
|
| Senator Byron Dorgan,
Democrat of North Dakota
. Oath Of Office Index: 50/100. |
|
|
|
|
|
|
| Senator Richard Durbin,
Democrat of Illinois
. Oath Of Office Index: 67/100. |
|
|
|
|
|
|
| Senator John Ensign,
Republican of Nevada
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Michael Enzi,
Republican of Wyoming
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Russell Feingold,
Democrat of Wisconsin
. Oath Of Office Index: 100/100. |
|
|
|
|
|
|
| Senator Dianne Feinstein,
Democrat of California
. Oath Of Office Index: 67/100. |
|
|
|
|
|
|
| Senator Bill Frist,
Republican of Tennessee
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Lindsey Graham,
Republican of South Carolina
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Chuck Grassley,
Republican of Iowa
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Judd Gregg,
Republican of New Hampshire
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Chuck Hagel,
Republican of Nebraska
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Tom Harkin,
Democrat of Iowa
. Oath Of Office Index: 83/100. |
|
|
|
|
|
|
| Senator Orrin Hatch,
Republican of Utah
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Kay Hutchison,
Republican of Texas
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator James Inhofe,
Republican of Oklahoma
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Daniel Inouye,
Democrat of Hawaii
. Oath Of Office Index: 50/100. |
|
|
|
|
|
|
| Senator Johnny Isakson,
Republican of Georgia
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator James Jeffords,
. Oath Of Office Index: 83/100. |
|
|
|
|
|
|
| Senator Tim Johnson,
Democrat of South Dakota
. Oath Of Office Index: 33/100. |
|
|
|
|
|
|
| Senator Edward Kennedy,
Democrat of Massachusetts
. Oath Of Office Index: 67/100. |
|
|
|
|
|
|
| Senator John Kerry,
Democrat of Massachusetts
. Oath Of Office Index: 67/100. |
|
|
|
|
|
|
| Senator Herb Kohl,
Democrat of Wisconsin
. Oath Of Office Index: 67/100. |
|
|
|
|
|
|
| Senator Jon Kyl,
Republican of Arizona
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Mary Landrieu,
Democrat of Louisiana
. Oath Of Office Index: 17/100. |
|
|
|
|
|
|
| Senator Frank Lautenberg,
Democrat of New Jersey
. Oath Of Office Index: 50/100. |
|
|
|
|
|
|
| Senator Patrick Leahy,
Democrat of Vermont
. Oath Of Office Index: 83/100. |
|
|
|
|
|
|
| Senator Carl Levin,
Democrat of Michigan
. Oath Of Office Index: 83/100. |
|
|
|
|
|
|
| Senator Joseph Lieberman,
Democrat of Connecticut
. Oath Of Office Index: 33/100. |
|
|
|
|
|
|
| Senator Blanche Lincoln,
Democrat of Arkansas
. Oath Of Office Index: 50/100. |
|
|
|
|
|
|
| Senator Trent Lott,
Republican of Mississippi
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Richard Lugar,
Republican of Indiana
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Mel Martinez,
Republican of Florida
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator John McCain,
Republican of Arizona
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Mitch McConnell,
Republican of Kentucky
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Barbara Mikulski,
Democrat of Maryland
. Oath Of Office Index: 67/100. |
|
|
|
|
|
|
| Senator Lisa Murkowski,
Republican of Alaska
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Patty Murray,
Democrat of Washington
. Oath Of Office Index: 83/100. |
|
|
|
|
|
|
| Senator Bill Nelson,
Democrat of Florida
. Oath Of Office Index: 33/100. |
|
|
|
|
|
|
| Senator Ben Nelson,
Democrat of Nebraska
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Barack Obama,
Democrat of Illinois
. Oath Of Office Index: 67/100. |
|
|
|
|
|
|
| Senator Mark Pryor,
Democrat of Arkansas
. Oath Of Office Index: 33/100. |
|
|
|
|
|
|
| Senator Jack Reed,
Democrat of Rhode Island
. Oath Of Office Index: 67/100. |
|
|
|
|
|
|
| Senator Harry Reid,
Democrat of Nevada
. Oath Of Office Index: 67/100. |
|
|
|
|
|
|
| Senator Pat Roberts,
Republican of Kansas
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator John Rockefeller,
Democrat of West Virginia
. Oath Of Office Index: 33/100. |
|
|
|
|
|
|
| Senator Ken Salazar,
Democrat of Colorado
. Oath Of Office Index: 50/100. |
|
|
|
|
|
|
| Senator Rick Santorum,
Republican of Pennsylvania
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Paul Sarbanes,
Democrat of Maryland
. Oath Of Office Index: 67/100. |
|
|
|
|
|
|
| Senator Charles Schumer,
Democrat of New York
. Oath Of Office Index: 67/100. |
|
|
|
|
|
|
| Senator Jeff Sessions,
Republican of Alabama
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Richard Shelby,
Republican of Alabama
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Gordon Smith,
Republican of Oregon
. Oath Of Office Index: 17/100. |
|
|
|
|
|
|
| Senator Olympia Snowe,
Republican of Maine
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Arlen Specter,
Republican of Pennsylvania
. Oath Of Office Index: 17/100. |
|
|
|
|
|
|
| Senator Debbie Stabenow,
Democrat of Michigan
. Oath Of Office Index: 50/100. |
|
|
|
|
|
|
| Senator Ted Stevens,
Republican of Alaska
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator John Sununu,
Republican of New Hampshire
. Oath Of Office Index: 17/100. |
|
|
|
|
|
|
| Senator James Talent,
Republican of Missouri
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Craig Thomas,
Republican of Wyoming
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator John Thune,
Republican of South Dakota
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator David Vitter,
Republican of Louisiana
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator George Voinovich,
Republican of Ohio
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator John Warner,
Republican of Virginia
. Oath Of Office Index: 0/100. |
|
|
|
|
|
|
| Senator Ron Wyden,
Democrat of Oregon
. Oath Of Office Index: 67/100. |
|
|
|
|
|
|
Key: | | | | | | | Cosponsored S. 317 | Yes on Levin Amdt. | No on Graham Amdt. | No on Patriot Act Reauth. | No on Amdt. 4064 | No on S. 3930 |
|
