National Defense Authorization Act of 2012
This law would deprive citizens of the U.S. of their liberty, property and freedom as long as a state of war exists. That is a direct abrogation of the Fifth Amendment, which guarantees one will not be subjected to such mistreatment without due process of law.
In 62 years of living, The Legendary has never known a time when war was not in full progress. Furthermore, one is hard pressed to find any such due process of law herein.
Certain states, counties and cities have found a way to get around this law, which President Obama singed on January 1, by passing a nullification law under the terms of the 10th Amendment. One may read all about it here, or go to this website for further information:
http://tenthamendmentcenter.com/legislation/liberty-preservation-act/
Detention under the law of war without trial until the end of hostilities authorized by the Authorization for use of Military Force
Subtitle D—Counterterrorism
SEC. 1021. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILI- TARY FORCE.
(a) IN GENERAL.—Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in sub- section (b)) pending disposition under the law of war.
(b) COVERED PERSONS.—A covered person under this section is any person as follows:
(1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.
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.
(c) DISPOSITION UNDER LAW OF WAR.—The disposition of a person under the law of war as described in subsection (a) may include the following:
(1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.
(2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111–84)).
(3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction.
(4) Transfer to the custody or control of the person’s country of origin, any other foreign country, or any other foreign entity. (d) CONSTRUCTION.—Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.
(e) AUTHORITIES.—Nothing in this section shall be construed to affect existing law or authorities relating to the detention of United States citizens, lawful resident aliens of the United States, or any other persons who are captured or arrested in the United States.
(f) REQUIREMENT FOR BRIEFINGS OF CONGRESS.—The Secretary of Defense shall regularly brief Congress regarding the application of the authority described in this section, including the organiza- tions, entities, and individuals considered to be ‘‘covered persons’’ for purposes of subsection (b)(2).
In the alternative:
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.
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