Liberty Preservation: Noncompliance

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.