[Congressional Record Volume 151, Number 163 (Saturday, December 17, 2005)]
[House]
[Pages H12054-H12055]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 WE CAN HAVE BOTH FREEDOM AND SECURITY

  (Mr. POE asked and was given permission to address the House for 1 
minute.)
  Mr. POE. Mr. Speaker, history has shown that free peoples are willing 
to give up civil liberties or freedom in the name of security. Our 
forefathers knew this, so our Constitution protects us from government 
taking rights in the name of security.

[[Page H12055]]

  Mr. Speaker, people have rights. Government has no rights. Government 
has power and it obtains it when we forfeit our rights to the 
government. In this time of terrorism, our government uses high-tech 
surveillance to capture them. This is good. But the fourth amendment 
states: ``The right of people to be secure from unreasonable searches 
and seizures shall not be violated.''
  It is the duty of the judiciary, not this body, not even the 
executive branch, to protect those rights and review searches.
  When I was a judge in Texas, I signed hundreds of warrants. I was 
even the State wiretap judge, and I found that warrants make better 
police officers and they make better criminal cases.
  In this post-9/11 era, we cannot allow our zeal to be safe to get in 
the way of judicial review of search warrants and wiretaps while 
continuing to provide tools for law enforcement to capture those 
terrorists. You see, Mr. Speaker, we can have it both ways. We can be 
safe and secure and maintain our civil rights as a free people. That's 
just the way it is.

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