Thread: Stop the NDAA in Your State- Take Action: NDAA: Liberty Preservation Act

Liberty Preservation Act: Noncompliance

GENERAL DESCRIPTION

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.

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 United States Citizens and legal resident aliens captured within the United States of America without charge, 2) military tribunals for United States Citizens and legal resident aliens captured within the United States of America, and 3) the transfer of United States Citizens and legal resident aliens 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;

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