Liberty Preservation: ACLU Noncompliance

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.