Statement of Senator Patrick Leahy, Subcommittee on Constitution, Federalism and Property Rights "Protecting Constitutional Freedoms in the Face of Terrorism" October 3, 2001   I am grateful to Senator Feingold for holding this timely hearing. Our history has taught us that in times of national crisis, we must cherish our constitutional freedoms all the more. We should bring that perspective to the ongoing negotiations over anti-terrorism legislation. We will receive advice today from witnesses with a long history of dedication to constitutional principles. We have been discussing many constitutional issues in the wake of the terrorist attacks on America, from Fourth Amendment protections against unreasonable search and seizure to due process concerns about the treatment of legal permanent residents. These are important issues that our witnesses will discuss today. First, however, I would like to address the violence that has been directed against Arab, Muslim, and South Asian Americans over the last three weeks. In a time when Americans of every ethnic and religious background grieve for the loss to our neighbors and our nation, this prejudice – and the hate crimes it has spawned – is intolerable. The President, the Attorney General and the FBI Director have all reiterated that fundamental precept. Americans treat their fellow men and women with dignity and respect, not prejudice and hate. Guilt by association and stereotyping have no place in American law or American life – indeed, individual accountability is at the core of our Constitution. Our nation is united today against the terrorist threat, with greater strength and resolve than I have seen in my lifetime. More than that, however, I believe there is a broad consensus in our nation that we must battle terrorism without sacrificing that which makes our nation unique. Our constitutional values have united us for more than 200 years. We must improve our ability to find and punish the evildoers who attacked innocent people on September 11 and to prevent similar tragedies from occurring in the future. But we should not compromise the civil rights of our citizens in the process. We will protect our security. We will not give up our freedom. The values we hold dear are what define us as a nation. That commitment is what will allow our republic to remain strong. The disastrous loss of life on September 11 will never be forgotten. Those losses and the damage to our economy and our great buildings – and our national psyche – cannot be minimized. But even if disaster were to strike our great Capitol or other precious monuments of marble and stone, we would rebuild and go on. Terrorists cannot take from us the ideals of Washington and Jefferson and Lincoln, or our fidelity to the Constitution. We do not have to travel very far back into our history to find a time when we disregarded our principles in a time of crisis. Our internment of Japanese Americans in World War II was a shameful chapter in our history, and we should not repeat our mistake. The apologies we have made in recent years remind us of the long shadow cast by our worst acts, and serve as an important reminder of the dangers of overreaction. Trial by fire can refine us or it can coarsen us. If we hold to our ideals and values, then it will strengthen us. Americans are united and all the free world, all civilized nations, all caring people join together with us. I trust that we will seek and serve justice and demonstrate to the world not only by our resolve but by our commitment to our constitutional principles that the United States remains strong even in the face of these terrorist atrocities. Those who have attacked us hate what is best in America – our diversity and our freedom. Now more than ever, we must preserve and extend those values. Anything less would mark defeat and would dishonor those lost in the attacks and rescue efforts on September 11. # # # # #