Friday, May 3, 2013

Initiatives to Nullify the NDAA

Initiatives to Nullify the NDAA

This following initiatives can be filed in any city county or state with ballot initiative rights to nullify federal actions "we the people" deem unconstitutional. A group the Tenth Amendment Center is proposing this bill for legislative vote, as you know Activism Truth proposes that legislative votes are weaker that direct citizen initiative however, lobbying groups are great resources for the Activism Truth movement to find legislation for the people to put on the ballot using our critical mass organization method. Please join the network of activist minded people who agree to either sign petitions or circulate them so that we can reach a critical mass of voters that can achieve ballot access, allowing citizens to vote on the issue at the ballot directly. Join at http://www.ActivismTruth.com by linking up with any or all of our contact methods including Facebook, Twitter, Youtube, our Thrive forum and direct Email. Please subscribe to this blog or any other social media tools we utilize to distribute information about the "Activism Truth" movement. Thank you for reading. This information can help save the world. If you don't understand how important this is, please investigate more or contact us directly with any questions you have. It's most crucial you realize what the concept of "permanent ballot access" entails, and how your participation of being aware of the solutions and making a pledge to get involved is the only way the citizens of the United States of America or any other nation in the world can achieve true checks and balances on corruption in government. Either the government is self regulating, and we have all seen how that has turned out for us, or "we the people" create a strong enough "citizenry" with solidarity for transpartisan reform to improve our government institutions, and we participate in creating the government with the best direct methods possible with the ballot access process.

The long term plan is to create a Quorum of experts and public debate to bring ideas forward to find ways to improve the bill for the desired results that the bills are designed to create. This way, people can benefit from the concepts of the bill, without having a weak bill that would have unintended consequences. Here is the bills for the NDAA Liberty Preservation.


The first, a resolution, affirms the proper role of the federal government under the constitution, and also the role of the state government in ending such actions. This is essential in areas where awareness of such duties is low.
The second, a non-compliance act is a binding state law which requires all state agencies to refuse compliance with the federal government in the enforcement of the offending provisions of the NDAA.
The third, a state nullification act is a binding state law which requires all state agencies to not only refuse compliance as in the second, but also renders the federal act illegal within the boundaries of the state – with penalties for violating the state act.
The fourth, a local resolution authored by the Bill of Rights Defense Committee (pdf version here) for introduction in your town, city or county – and including language requiring local noncompliance with the federal act.
The fifth, a binding act authored by the American Civil Liberties Union. This is the ACLU’s model legislation that takes the same path as our version #2 above – formatted for use on either a state or local level. It is a strong bill as it requires local or state noncompliance with any claimed powers of indefinite detention from the federal government.

Resolution: Liberty Preservation

Modified version of the resolution originally written by our friends at the Rhode Island Liberty Coalition for use on a State OR Local level.
Get the original and talking points here.

NOTE: wherever text is underlined, you need to insert the term appropriate to your forum
WHEREAS, the Congress of the United States passed the National Defense Authorization Act, 2011 P.L. 112-81, (“2012 NDAA”) for Fiscal Year 2012 on December 15, 2011;
WHEREAS, the President of the United States of America signed the 2012 NDAA into law on December 31, 2011;
WHEREAS, Section 1021 of the 2012 NDAA purports to authorize, but does not require, the President of the United States to utilize the armed forces of the United States to detain persons the President suspects were part of, or substantially supported, al-Qaeda, the Taliban or associated forces;
WHEREAS, Section 1021 of the 2012 NDAA purports to authorize, but does not require, the President of the United States, through the Armed Forces of the United States, to dispose of such detained persons according to the Law of War, which may include but is not limited to: (1) indefinite detention without charge or trial until the end of hostilities authorized by the 2001 Authorization for Use of Military Force Against Terrorists, 2001 P.L. 107-40, (2) prosecution through a Military Commission, or (3) transfer to a foreign country or foreign entity;
WHEREAS, Section 1021 of the 2012 NDAA seeks to preserve existing law and authorities pertaining to the detention of United States citizens, lawful resident aliens of the United States, and any other person captured in the United States, but does not specify what such existing law or authorities are;
WHEREAS, Section 1021 of the 2012 NDAA purports enlarge the scope of the those persons the Office of the President may indefinitely detain beyond those responsible for the September 11, 2001 terrorist attacks, and those who harbored them, as purportedly authorized by the 2001 Authorization for Use of Military Force Against Terrorists, to now include “[a] person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces;”
WHEREAS, Section 1022 of the 2012 NDAA requires the Armed Forces of the United States to detain, pending disposition according to the Law of War, any person involved in, or whom provided substantial support to, terrorism or belligerent acts against the United States, and whom is a member of Al-Qaeda or an associated force;
WHEREAS, The exemption for citizens of the United States in Section 1022 of the 2012 NDAA only exempts them from a requirement to detain and reads as follows, “The requirement to detain a person in military custody under this section does not extend to citizens of the United States”;
WHEREAS, Unlike Section 1022 of the 2012 NDAA, Section 1021 makes no specific exclusion for United States citizens and lawful resident aliens for conduct occurring within the United States;
WHEREAS, the specific exclusion of application to United States citizens and lawful resident aliens contained in Section 1022 of the 2012 NDAA, and the absence of such exclusion in Section 1021 of the NDAA, strongly implies that the provisions of Section 1021 are intended to apply to all people, including United States citizens and lawful resident aliens, whether or not they are captured in the United States;
WHEREAS, the Office of the President of the United States, under both the administrations of George W. Bush and Barak H. Obama, has asserted the 2001 Authorization for the Use of Military Force Against Terrorists allows the Office of the President to indefinitely detain without charge persons, including United States Citizens and lawful resident aliens, captured in the United States;
WHEREAS, United States Senator Carl Levin declared in colloquy on the floor of the United States Senate that the original 2012 NDAA provided that section 1021 (then section 1031 prior to final drafting) specifically would not apply to United States citizens, but that the Office of the President of the United States had requested that such restriction be removed from the 2012 NDAA;
WHEREAS, during debate within the Senate and before the passage of the 2012 NDAA, United States Senator Mark Udall introduced an amendment intended to forbid the indefinite detention of U.S. citizens, which was rejected by a vote of 38–60;
WHEREAS, United States Senator John McCain and United States Senator Lindsey Graham declared in colloquies on the floor of the United States Senate that Section 1021 of the 2012 NDAA authorized the indefinite detention of United States Citizens captured within the United States by the Armed Forces of the United States;
WHEREAS, United States Senator Lindsey Graham declared in colloquy on the floor of the United States Senate that the United States homeland is now part of “the battlefield;”
WHEREAS, Policing the United States of America by the Armed Forces of the United States, as purportedly authorized by the 2012 NDAA, overturns the Posse Comitatus doctrine and is repugnant to a free society;
WHEREAS, Sections 1021 and 1022 of the 2012 NDAA as they purport to authorize, 1) detainment of persons captured within the United States of America without charge or trial, 2) military tribunals for persons captured within the United States of America, and 3) the transfer of persons captured within the United States of America to foreign jurisdictions, are violative of the following rights enshrined in the Constitution of the United States of America;

  • Article I Section 9, Clause 2’s right to seek Writ of Habeas Corpus;
  • The First Amendment’s right to petition the Government for a redress of grievances;
  • The Fourth Amendment’s right to be free from unreasonable searches and seizures;
  • The Fifth Amendment’s right to be free from charge for an infamous or capitol crime until presentment or indictment by a Grand Jury;
  • The Fifth Amendment’s right to be free from deprivation of life, liberty, or property, without Due Process of law;
  • The Sixth Amendment’s right in criminal prosecutions to enjoy a speedy trial by an impartial jury in the State and District where the crime shall have been committed;
  • The Sixth Amendment’s right to be informed of the nature and cause of the accusation;
  • The Sixth Amendment’s right confront witnesses;
  • The Sixth Amendment’s right to Counsel;
  • The Eighth Amendment’s right to be free from excessive bail and fines, and cruel and unusual punishment;
  • The Fourteenth Amendment’s right to be free from deprivation of life, liberty, or property, without Due Process of law;
WHEREAS, Sections 1021 and 1022 of the 2012 NDAA as they purport to authorize, 1) detainment of persons captured within the United States of America without charge or trial, 2) military tribunals for persons captured within the United States of America, and 3) the transfer of persons captured within the United States of America to foreign jurisdictions, is repugnant to the following rights enshrined in the (STATE) Constitution:  (NOTE – AS WRITTEN FOR THE STATE OF RHODE ISLAND.  ENTER RELEVANT SECTIONS FROM YOUR STATE BELOW)

  • Article I Section 2’s right to be free from deprivation of life or liberty without Due Process of law;
  • Article I Section 5’s right to have prompt recourse to the laws for all injuries to one’s person;
  • Article I Section 6’s right to be free from unreasonable search and seizure;
  • Article I Section 7’s right to be free from capital charge absent a grand jury indictment, or felony charge absent grand jury indictment absent information signed by the attorney general;
  • Article I, Section 8’s right to be free from excessive bail;
  • Article I Section 9’s right to bail and right to Habeas Corpus;
  • Article I Section 10’s right to a speedy pubic trial by an impartial jury, right to have the assistance of counsel, and the right to be free from deprivation of life, liberty, or property, unless by the judgment of peers;
  • Article I Section 14’s right to be presumed innocent until pronounced guilty by the law;
  • Article I Section 15’s right to a trial by Jury;
  • Article I Section 18’s requirement that the military authority is subordinate to the civil authority; 
WHEREAS, the members of this (Legislature, Town Council, County Government, etc..) have taken an oath to uphold the Constitution of the United States of America and the Constitution of the State of (Rhode Island);
WHEREAS, this (Legislature, Town Council, County Government, etc..) opposes any and all rules, laws, regulations, bill language or executive orders, which amount to an overreach of the federal government and which effectively take away civil liberties;
WHEREAS, it is indisputable that the threat of terrorism is real, and that the full force of appropriate and constitutional law must be used to defeat this threat; however, winning the war against terror cannot come at the great expense of mitigating basic, fundamental, constitutional rights;
WHEREAS, undermining our own inalienable rights serves only to concede to the terrorists’ demands of changing the fabric of what made the United States of America a country of freedom, liberty and opportunity.
NOW BE IT RESOLVED THAT, the (Legislature, City Council, etc…) of the (Your State, Municipality or County), condemns in no uncertain terms Sections 1021 and 1022 of the 2012 NDAA as they purport to 1) repeal Posse Comitatus and authorize the President of the United States to utilize the Armed Forces of the United States to police the United States of America, 2) indefinitely detain persons captured within the United States of America without charge until the end of hostilities as purportedly authorized by the 2001 Authorization for Use of Military Force, 3) subject persons captured within the United States of America to military tribunals, and 4) transfer persons captured within the United States of America to a foreign country or foreign entity; and
BE IT RESOLVED, that the (Legislature, City Council, etc…) finds that the enactment into law by the United States Congress of Sections 1021 and 1022 of the National Defense Authorization Act of 2012, Public Law Number 112-81, is inimical to the liberty, security and well-being of the people of (Your State, Municipality or County), and was adopted by the United States Congress in violation of the limits of federal power in United States Constitution; and
BE IT RESOLVED, that all agencies of the (Legislature, City Council, etc…) of _______, are instructed to decline requests by federal agencies acting under detention powers of Sections 1021 and 1022 of the National Defense Authorization Act of 2012 that could infringe upon residents’ freedom of speech, religion, assembly, privacy, rights to counsel, or other rights not here explicitly enumerated; and
BE IT RESOLVED, That copies of this Resolution be immediately transmitted to the Honorable Barack Obama, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, each member of Congress from the State of (STATE) to the Honorable John Roberts, Chief Justice of the United States Supreme Court; each justice on the United States Supreme Court; and the President of the Senate and the Speaker of the House of Representatives of each state’s legislature.

Liberty Preservation Act: Noncompliance

GENERAL DESCRIPTIONThis bill prohibits all public officers, agents, and employees of the State of (STATE) from providing material support or participating in the implementation of Sections 1021 and 1022 of the National Defense Authorization Act of 2012.
HIGHLIGHTED PROVISIONS
This bill:
prohibits all public officers, agents, and employees of the State of (STATE) from providing material support or participating in the implementation of Sections 1021 and 1022 of the National Defense Authorization Act of 2012; and
makes it a class A misdemeanor for a person to provide material support or participate in the implementation of Sections 1021 and 1022 of the National Defense Authorization Act of 2012.
Be it enacted by the People of the State of (STATE):
SECTION 1.  NEW LAW
This Act shall be known and may be cited as the “Liberty Preservation Act.”
A..  1. The Legislature finds that the enactment into law by the United States Congress of Sections 1021 and 1022 of the National Defense Authorization Act of 2012, Public Law Number 112-81, is inimical to the liberty, security and well-being of the people of (STATE), and was adopted by the United States Congress in violation of the limits of federal power in United States Constitution.
2.  The Legislature finds that, together, Sections 1021 and 1022 of the National Defense Authorization Act of 2012, as they purport to authorize 1) detainment of persons captured within the United States of America without charge, 2) military tribunals for persons captured within the United States of America, and 3) the transfer of persons captured within the United States of America to foreign jurisdictions, are violative of the following rights enshrined in the Constitution of the United States of America;

  • Article I Section 9, Clause 2’s right to seek Writ of Habeas Corpus;
  • The First Amendment’s right to petition the Government for a redress of grievances;
  • The Fourth Amendment’s right to be free from unreasonable searches and seizures;
  • The Fifth Amendment’s right to be free from charge for an infamous or capitol crime until presentment or indictment by a Grand Jury;
  • The Fifth Amendment’s right to be free from deprivation of life, liberty, or property, without Due Process of law;
  • The Sixth Amendment’s right in criminal prosecutions to enjoy a speedy trial by an impartial jury in the State and District where the crime shall have been committed;
  • The Sixth Amendment’s right to be informed of the nature and cause of the accusation;
  • The Sixth Amendment’s right confront witnesses;
  • The Sixth Amendment’s right to Counsel;
  • The Eighth Amendment’s right to be free from excessive bail and fines, and cruel and unusual punishment;
  • The Fourteenth Amendment’s right to be free from deprivation of life, liberty, or property, without Due Process of law;
3.  (VIOLATIONS OF STATE CONSTITUTIONAL PROVISIONS – ENTER SPECIFICS HERE)
See resolution section above for an example from Rhode Island
B  The State of (STATE) shall not provide material support or participate in any way with the implementation of Sections 1021 and 1022 of the National Defense Authorization Act of 2012 within the boundaries of this state.  The Department of Public Safety is hereby directed to report to the Governor and the Legislature any attempt by agencies or agents of the United States Federal Government to secure the implementation of Sections 1021 and 1022 of the National Defense Authorization Act of 2012 through the operations of that or any other state department.
C.  Any public officer, employee, or agent of the State of (STATE), or any employee of a corporation providing services to the State of (STATE) that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of Subsection 1 B of this act shall be guilty of a class A misdemeanor punishable by imprisonment in the county jail not exceeding six (6) months or by a fine not exceeding Five Hundred Dollars ($500.00) or both such fine and imprisonment;
SECTION 2.  
This act takes effect immediately upon approval by the Governor.

Liberty Preservation Act: Nullification

AN ACT relating to detainment without charge, military tribunals, and transfer to foreign jurisdictions of persons residing in the State of (STATE); creating the Liberty Preservation Act; providing legislative findings and declarations of authority; prohibiting state from providing material support for certain acts; prohibiting state participation in the implementation of certain acts; making certain acts unlawful; providing penalties; and providing an effective date.Be it Enacted by the People of the State of (STATE):
SECTION 1. NEW LAW A new section of law not to be codified in (STATE) Statutes reads as follows:
This act shall be known and may be cited as the “(STATE) Liberty Preservation Act”
SECTION 2. NEW LAW A new section of law to be codified in the (STATE) Statutes as Section (NUMBER)  of Title (NUMBER), unless there is created a duplication in numbering, reads as follows:
The Legislature declares that the authority for this act is the following:
1. The Tenth Amendment to the United States Constitution provides that the United States Federal government is authorized to exercise only those powers delegated to it in the Constitution and nothing more.  The guaranty of those limitations on federal power is a matter of contract between the state and people of (STATE) and the United States at of the time that the Constitution was agreed upon and adopted by (STATE) and the United States;
2. Article VI, Clause 2 of the Constitution of the United States provides that laws of the United States are the supreme law of the land provided that they are made in pursuance of the powers delegated to the federal government in the Constitution;
3. Article I Section 9, Clause 2 of the Constitution provides that the Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it;
4. The First Amendment provides that the Congress of the United States shall make no law prohibiting the right of the people to petition the Government for a redress of grievances;
4. The Fourth Amendment provides 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;
5. The Fifth Amendment provides that the People have a right to be free from deprivation of life, liberty, or property, without Due Process of law;
6. The Sixth Amendment provides that the people have a right in criminal prosecutions to enjoy a speedy trial by an impartial jury in the State and District where the crime shall have been committed; to be informed of the nature and cause of the accusation; to confront witnesses; to Counsel;
7. The Fourteenth Amendment provides that the people are to be free from deprivation of life, liberty, or property, without Due Process of law.
SECTION 3. NEW LAW A new section of law to be codified in the (STATE) Statutes as Section (NUMBER)  of Title (NUMBER), unless there is created a duplication in numbering, reads as follows:
The Legislature finds that:
1.  Section 1021 of the National Defense Authorization Act of 2012 purports to assert the President’s authority to not only arrest suspected terrorists, but also to determine whether or not a trial, including what type of trial, will be held for those arrested;
2.  Section 1022 of the National Defense Authorization Act of 2012 requires detention without trial by the military for a certain class of terrorist and authorizes but does not require the same for citizens of the United States;
3.  The exemption for citizens of the United States in Section 1022 of the National Defense Authorization Act of 2012 only exempts citizens from a requirement and reads as follows, “The requirement to detain a person in military custody under this section does not extend to citizens of the United States”;
4. The enactment into law by the United States Congress of Sections 1021 and 1022 of the National Defense Authorization Act of 2012, Public Law Number 112-81, is inimical to the liberty, security and well-being of the people of (STATE), and was adopted by the United States Congress in violation of the limits of federal power in United States Constitution, including but not limited to, those listed in Section 2 of this act.
SECTION 4. NEW LAW A new section of law to be codified in the (STATE) Statutes as Section (NUMBER)  of Title (NUMBER), unless there is created a duplication in numbering, reads as follows:
1  The State of (STATE) shall not provide material support or participate in any way with the implementation of Sections 1021 and 1022 of the National Defense Authorization Act of 2012 within the boundaries of this state;
2. The Department of Public Safety is hereby directed to report to the Governor and the Legislature any attempt by agencies or agents of the United States Federal Government to secure the implementation of Sections 1021 and 1022 of the National Defense Authorization Act of 2012 through the operations of that or any other state department;
3. The indefinite detention, prosecution according to the law of war, and transfer to a foreign jurisdiction of persons as provided for by Sections 1021 and 1022 of the National Defense Authorization Act of 2012 are in direct contravention to the limits on federal power as specified in Section 2 of this act and are illegal within the boundaries of the state of (STATE);
SECTION 5. NEW LAW A new section of law to be codified in the (STATE) Statutes as Section (NUMBER)  of Title (NUMBER), unless there is created a duplication in numbering, reads as follows:
1. Any public officer, employee, or agent of the State of (STATE), or any employee of a corporation providing services to the State of (STATE) that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of Section 4 of this act shall be guilty of a class A misdemeanor punishable by imprisonment for not more than six (6) months or by a fine not exceeding Five Hundred Dollars ($500.00) or both such fine and imprisonment;
2. Any official, agent, or employee of the government of the United States, or employee of a corporation providing services to the government of the United States that enforces or attempts to enforce an act, order, law, statute, rule, or regulation of the government of the United States in violation of Section 4 of this act shall be guilty of a class B felony punishable by imprisonment for not more than one (1) year, or a fine of not more than Two Thousand Dollars ($2,000.00), or by both such fine and imprisonment.
SECTION 6. This act shall take effect immediately upon approval by the Governor.

Liberty Preservation Act: Local Resolution

WHEREAS, the Constitution of the United States is the foundation of our nation’s rights and freedom, and the basis of our representative democracy; AND
WHEREAS, the indefinite military detention without trial of any person, including US citizens, could be allowed by Sections 1021 and 1022 of the National Defense Authorization Act (NDAA); AND
WHEREAS, the indefinite military detention of any person without trial violates the 5th and 6th amendments of the Constitution of the United States, Article III of the Constitution of the United States, and the Posse Comitatus Act; AND
WHEREAS, the NDAA corrodes the ideals of presumed innocence and right to a fair trial on which our nation was founded, and which generations of activists and military servicemen and women have fought to preserve; AND
WHEREAS the (TOWN, CITY OR COUNTY) of (NAME OF TOWN, CITY OR COUNTY) re-affirms its gratitude for the supreme sacrifice of those in the Armed Forces who have died in battle in the name of those same cherished rights and liberties; AND
WHEREAS, the NDAA’s detention provisions could, under Humanitarian Law Project v. Holder, allow the targeted detention of activists, journalists and other Americans exercising their First Amendment rights despite the crucial role of Free Speech in preserving liberty; AND
WHEREAS, the NDAA’s detention provisions could allow the recurrence of torture in military detention in violation of the Eighth Amendment; AND
WHEREAS, the detention provisions could force US military servicemembers to serve as domestic jailers, a role for which they are neither trained nor equipped, nor is ever appropriate; AND
WHEREAS, the FBI Director, the Defense Secretary, the Director of National Intelligence, the Department of Defense, and many of our nation’s generals, admirals, and servicemen and women have opposed the NDAA’s detention provisions; AND
WHEREAS, the (TOWN, CITY OR COUNTY) of (NAME OF TOWN, CITY OR COUNTY) has an extensive history of protecting its residents’ civil rights and liberties as embodied in its rejection of the USA PATRIOT Act, which led hundreds of other municipalities across the nation to emulate our example;
THEREFORE BE IT RESOLVED that the City Council of (NAME OF TOWN, CITY OR COUNTY), (YOUR STATE), acting in the spirit and history of our community, does hereby declare that we
Strongly affirm our loyalty to the rights and liberties enshrined within the Constitution of the United States, including the Fifth Amendment right to due process and the Sixth Amendment right to trial;
Instruct all our public agencies to decline requests by federal agencies acting under detention powers granted by the NDAA that could infringe upon residents’ freedom of speech, religion, assembly, privacy, or rights to counsel.
Expect all federal and state law enforcement officials acting within the City to work in accordance with local law, and in cooperation with the (NAME OF TOWN, CITY OR COUNTY) Police Department, by allowing any detainees among (NAME OF TOWN, CITY OR COUNTY)’s residents or visitors access to a trial, counsel and due process, as provided by Article III of the Constitution of the United States;
Request that our United States Congressman and Senators monitor the implementation of the NDAA and actively work for the repeal of the NDAA’s detention provisions to restore fundamental rights and liberties embodied in the Constitutions of the (YOUR STATE) and the United States. To that end, the (MAYOR, CITY MANAGER, ETC) shall send copies of this resolution to our US Congressman and Senators, the US Senate Committee on the Judiciary, the US Senate Select Committee on Intelligence, the US House of Representatives Committee on the Judiciary, the US House of Representatives Permanent Select Committee on Intelligence, the US Attorney General, and the President of the United States.

Liberty Preservation Act: ACLU Noncompliance

[HOUSE/SENATE/1 ASSEMBLY/CITY COUNCIL] BILL NO. [XXXX]
A BILL to prevent any agency, political subdivision, employee, or member of the military of [State/City] from assisting the armed forces of the United States in the investigation, arrest, prosecution, or indefinite detention without charge or trial of any person within the United States, to call upon Congress to repeal the mandatory military detention and indefinite detention provisions of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) and affirm the prohibition against the use of the military domestically, to call upon Congress to make clear that it never authorized an endless, worldwide war, and for other purposes.
Be it enacted by the [Legislative Body] of [State/City]:
SECTION 1. FINDINGS. – The [Legislative Body] finds as follows:
(1) The Constitution of the United States is the foundation of our nation’s rights and freedom, and the basis of our representative democracy;
(2) For the first time in our Nation’s history, the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) codifies indefinite military detention without charge or trial of civilians captured far from any battlefield, violating the Constitution and corroding our Nation’s commitment to the rule of law, which generations have fought to preserve;
(3) There is substantial public debate and uncertainty whether Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) could be read even to repeal the Posse Comitatus Act and authorize indefinite military detention without charge or trial within the United States of U.S. citizens, in addition to legal permanent residents and others;
(4) The indefinite military detention of any person in the United States without charge or trial violates the 5th and 6th Amendments of the Constitution of the United States, Article III of the Constitution of the United States;
(5) The provisions of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) authorizing the indefinite military detention of civilians captured abroad far from any battlefield violate the laws of war by which the United States is bound and which it helped to establish, and harm our Nation’s reputation for upholding the rule of law and democratic values; these civilians should be prosecuted in our federal courts if there is evidence of wrongdoing, not detained without charge or trial;
(6) No president has the power to take the country into war, except as James Madison wrote, “to repel a sudden attack on the United States.” Congress decides whether and when to use military power. Our system of checks and balances should be restored by making sure that the 2001 Authorization for Use of Military Force cannot be used for endless war and endless indefinite detention without charge or trial. The Authorization for Use of Military Force should expire when United States combat operations in Afghanistan end.
SECTION 2. PROTECTIONS AGAINST MILITARY ACTION WITHIN [STATE/CITY]. – Notwithstanding any contrary provision of law, no agency of the [state/city], political subdivision of the [state/1 city], employee of either acting in his official capacity, or any member of the [State] National Guard or [State] Defense Force, when such a member is serving in the [State] National Guard or the [State] Defense Force on official state duty, may engage in any activity that aids an agency of or the armed forces of the United States in the execution of 50 U.S.C. 1541 as provided by the National Defense Authorization Act for Fiscal Year 2012 (P.L. 112-18, § 1021) in the investigation, arrest, detention or trial of any person within the United States.
SECTION 3. SENSE OF THE [LEGISLATIVE BODY]
(a) It is the sense of the [legislative body] that Congress should repeal Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81).
(b) It is the sense of the [legislative body] that the National Defense Authorization Act and the Authorization for Use of Military Force (Public Law 107-40) do not now, and should never, authorize the Armed Forces of the United States to investigate, arrest, detain, or try any person within the United States, or to militarily detain without charge or trial civilians not captured on any battlefield, and that the Authorization for Use of Military Force expires upon the end of combat operations in Afghanistan by the Armed Forces of the United States, but that
(i) Congress retains the authority to declare war or authorize the use of military force, consistent with Article I of the Constitution.
(ii) The President retains the authority under Article II of the Constitution to deploy the Armed Forces to repel a sudden attack on the United States, its territories or possessions, or its Armed Forces.
(c) The [governor/mayor] shall send copies of this bill, upon passage, to our US Congressman and Senators, the US Senate Committee on the Judiciary, the US Senate Select Committee on Intelligence, the US House of Representatives Committee on the Judiciary, the US House of Representatives Permanent Select Committee on Intelligence, the US Attorney General, and the President of the United States.