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    A Times Editorial

    Why the rush?

    Congress needs to slow down on passing an antiterrorism legislative package and allow lawmakers more time to address some of their constitutional concerns.

    © St. Petersburg Times,
    published September 25, 2001


    Watching House Judiciary Committee Chairman F. James Sensenbrenner Jr., R-Wis., conduct Monday's hearing on the Bush administration's proposed antiterrorism bill was like watching a steamroller. Sensenbrenner appeared determined not to allow anyone -- or anything -- to interfere with the hasty approval of the legislation.

    Sensenbrenner had wanted a committee vote on the package today. However, he finally relented after Democrats objected to such an unreasonable timetable. The chairman has rescheduled committee consideration of the bill next week to give lawmakers more time to address some of their concerns. The Anti-Terrorism Act of 2001 is a highly complex bill of more than 40 separate provisions, many of which touch on sensitive constitutional issues. In its current form, the legislation would greatly expand the already considerable powers of law enforcement agencies. Some provisions are offensive to American ideals and constitutional principles. Others may make sense and be overdue, but even those need a full and careful vetting.

    At Monday's hearing, Attorney General John Ashcroft spent less than an hour briefing the committee, providing almost no specifics. And judging from the questions, some of the committee members still need to do more homework. If members of the public had tuned into the hearing (parts of which were carried live on MSNBC but not, for some reason, on C-Span), they would have had only the vaguest idea of what the administration is proposing or the justification for the changes in law.

    While we have serious concerns about some provisions in this legislation, we have even greater concerns about how the administration and congressional Republicans are trying to rush this package of antiterrorism laws through Congress with little debate or analysis. The Justice Department appears to be using this national emergency to get many of the powers it has unsuccessfully lobbied Congress for in the past. Even Ashcroft acknowledged at Monday's hearing that it is unlikely that the antiterrorism package the administration is proposing would have prevented the terrorist attack on the World Trade Center and the Pentagon. However, Ashcroft said that without the new legislation, "we are fighting an uphill battle." In the Senate, Judiciary Committee Chairman Patrick Leahy, D-Vt., is promising a more deliberative process. Leahy says the administration's bill will receive a full hearing -- a process that may take more than a week. Meanwhile, he is trying to negotiate a version of the administration bill that he believes would strike a sensible balance between security and civil liberties.

    This is a difficult time for a wounded nation and its representatives in Congress. Lawmakers, and Democrats in particular, are loath to oppose anything President Bush says is needed to combat terrorism. But they must not abdicate their responsibility to resist laws that they believe would be bad policy or unconstitutional.

    Congress needs to slow down and get this right.

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