Oath of Office Index Score: 0

• From the transfer of Total Information Awareness into the National Security Agency under codenames like topsail and basketball, through warrantless wiretape, seizures of massive amounts of cell phone and email records, and even the systematic entry of the DNA of innocent Americans into gigantic government databases, we have seen a dramatic effort by the government to watch over the most personal aspects of our lives. Thanks to these secretive government programs, Americans can no longer assume that their postal mail, email, phone calls, commercial activity, and other kinds of personal activity are at all private.
  
  Through it all, there has been almost no congressional oversight. Now, a few senators are asking for that to change. Two bills have been introduced this year that would force the White House to cooperate with efforts by Congress to gain oversight of the growing network of government databases used to spy on Americans. The bills, S.236 and S.495 (entitled the Federal Agency Data Mining Reporting Act of 2007 and the Personal Data Privacy and Security Act of 2007, respectively), are co-sponsored by a small group of senators. Sadly, Senator Byrd has cosponsored neither. That is simply shameful.
  
  
• S. 576 is a bill proposed in the Senate to repeal many of the most onerous features of the Military Commissions Act. If passed, some of its main acts would be to:
  • Restore the right of habeas corpus for people detained by the U.S.
  • Narrow the definition of the MCA term "unlawful enemy combatant" to individuals who directly participate in attacks against the United States.
  • Let United States detainees invoke the ethical codes of the Geneva Conventions again.
  • Let U.S. detainees obtain a civilian lawyer for their defense.
  • Prohibit the use of evidence garnered through torture.
  • Prohibit the use of hearsay, upon the judge's discretion.
  • Let juries know how statements were obtained from detainees.
  • Permit federal appeals courts to review the decisions of military commissions.
  
  
  In short, S. 576 would restore respect for the Constitution and a modicum of humanity to the government of the United States. Sadly, Senator Byrd has failed to recognize how important the restoration of constitutional standards are to our country. Perhaps he ought to review his oath of office again.
  
  

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  Actions to support, protect and defend the Constitution of the United States of America that Sen. Byrd could have taken but unfortunately chose not to take:
  • From the transfer of Total Information Awareness into the National Security Agency under codenames like topsail and basketball, through warrantless wiretape, seizures of massive amounts of cell phone and email records, and even the systematic entry of the DNA of innocent Americansinto gigantic government databases, we have seen a dramatic effort by the government to watch over the most personal aspects of our lives. Thanks to these secretive government programs, Americans can no longer assume that their postal mail, email, phone calls, commercial activity, and other kinds of personal activity are at all private.
    
    Through it all, there has been almost no congressional oversight. Now, a few senators are asking for that to change. Two bills have been introduced this year that would force the White House to cooperate with efforts by Congress to gain oversight of the growing network of government databases used to spy on Americans. The bills, S. 236 and S. 495 (entitled the Federal Agency Data Mining Reporting Act of 2007 and the Personal Data Privacy and Security Act of 2007, respectively), are co-sponsored by a small group of senators. Sadly, Senator Byrd has cosponsored neither. That is simply shameful.
    
    
  • S. 576 is a bill proposed in the Senate to repeal many of the most onerous features of the Military Commissions Act. If passed, some of its main acts would be to:
    • Restore the right of habeas corpus for people detained by the U.S.
    • Narrow the definition of the MCA term "unlawful enemy combatant" to individuals who directly participate in attacks against the United States.
    • Let United States detainees invoke the ethical codes of the Geneva Conventions again.
    • Let U.S. detainees obtain a civilian lawyer for their defense.
    • Prohibit the use of evidence garnered through torture.
    • Prohibit the use of hearsay, upon the judge's discretion.
    • Let juries know how statements were obtained from detainees.
    • Permit federal appeals courts to review the decisions of military commissions.
    
    
    In short, S. 576 would restore respect for the Constitution and a modicum of humanity to the government of the United States. Sadly, Senator Byrd has failed to recognize how important the restoration of constitutional standards are to our country. Perhaps he ought to review his oath of office again.
    
    

Anti-Constitution Score: 0

We are happy to report that among the political decisions by Senator Byrd that we have tracked to date, not one qualifies as anti-constitutional.