Liberty and Freedom
Liberty Preservation Resolution, in part by the (Tenth Amendment Foundation), that I plan to present to the Allegan County BOC (Allegan) in support of Rep. Tom Mcmillin's, Liberty Bill HB5768, on July 26th, 2012 1:00pm, at the County Services Building in Allegan County.
As you know, Obama, with the help of congress and the Senate, passed the 2012 NDAA, making it legal to arrest and detain indefinitely Americans without due process. We can not stand by and permit this type of travesty to the Constitution of the U.S.A. that, "we took an Oath to protect".
Please take "ACTION", support and urge you’re BOC, Republican Executive Committees, Tea Parties etc: to pass this resolution in support of Rep. Tom McMillin's Bill HB5768, that makes it illegal for State of Michigan Officials to participate in the investigation and arrest of Michigan citizens without due process.
Simply copy paste the resolution and just change the name in the resolution to your County or Organization and spread the word to your neighboring counties.
Freedom isn't free, it comes with a great moral responsibility!2012 House Bill 5768: Prohibit Michigan National Guard executing federal “indefinite detention”
Introduced by Rep. Tom McMillin (R) on June 14, 2012, to prohibit members of the Michigan National Guard or other state and local government employees from helping to execute a recent federal law giving the current or a future President the power to order the indefinite detention of persons arrested on U.S. soil, without charge or trial.
Referred to the House Government Operations Committee on June 14, 2012.Please take notice that Rep. Tom McMillin, the sponsor of HB5768 and Dennis Marburger, will be attending the meeting for presentation at the Allegan County BOC on the 26th of July, 2012.
Resolution: Liberty Preservation
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 to 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.
·Article I Section 17: right to be free from deprivation of life or liberty without Due Process of law;
·Article I Section 24: right to have prompt recourse to the laws for all injuries to one’s person;
·Article I Section 11: right to be free from unreasonable search and seizure;
·Article I Section 16: right to be free from excessive bail;
·Article I Sections 14 & 15: right to bail and right to Habeas Corpus;
·Article I Section 20: right to a speedy public trial by an impartial jury, right to have the assistance of counsel;
·Article I Section 23: right to be presumed innocent until pronounced guilty by the law;
·Article I Section 14: right to a trial by Jury;
·Article I Section 7: requirement that the military authority is subordinate to the civil authority.
Where as;, the members of the Allegan County Board Of Commissioners have taken an oath to uphold the Constitution of the United States of America and the Constitution of the State of Michigan;
WHEREAS,the Allegan County Board of Commissioners 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 may be presumed that certain threats such as terrorism exist, and that appropriate and constitutional law must be used to defeat such threats; however, winning the war against such threats cannot come at the greater expense of mitigating basic, fundamental, constitutional protection of our natural and God-given rights, the very foundation of our Republic, our Liberty and our safety;
WHEREAS,undermining our own unalienable rights serves only to concede to the terrorists’ demands of changing the fabric of what has made the United States of America a country of freedom, liberty and opportunity and makes us more vulnerable to the enemies of our Constitution, Liberty and safety, foreign and domestic.
NOW BE IT RESOLVED THAT,the Allegan County Board Of Commissioners 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 this Allegan County Board of Commissioners 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 Allegan County and was adopted by the United States Congress in violation of the limits of federal power in the United States Constitution; and
BE IT RESOLVED, that all agencies of Allegan County up to and including Allegan County Sheriff Department and all police departments in the jurisdiction of Allegan County 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 as well as their safety from harm committed by politically powerful domestic enemies of the Constitution; and
BE IT RESOLVED, That copies of this Resolution be immediately transmitted to Barack Obama, President of the United States, the President of the U.S. Senate, the Speaker of the U.S. House of Representatives, each member of Congress from Michigan, to John Roberts, Chief Justice of the United States Supreme Court; each justice on the United States Supreme Court; Michigan Governor Rick Snyder, Attorney General Bill Schuette, each justice on the Michigan State Supreme Court, and the Michigan State House Speaker and Senate Majority Leader and all County Board of Commissioners therein; and
BE IT FURTHER RESOLVED, that the Allegan County board of commissioners hereby calls on Gov. Rick Snyder and the Legislature, and specifically Senator Rick Jones and Representative Genetski, to support and enact HB5768 that will help to safeguard our individual freedoms and civil liberties of the citizens of Allegan County and the State of Michigan from an overpowering federal government;
Allegan County Commissioner - District 9