North Carolina Rep. Glen Bradley, (R), intends to introduce a resolution at the General Assembly’s “short session” to address provisions in the National Defense Authorization Act (NDAA), which authorizes the “indefinite detention” of U.S. Citizens by declaring the United States a part of the “battlefield.”
The resolution that will be presented, NDAA RESOLUTION FOR NORTH CAROLINA STATE LEGISLATORS, states in no uncertain terms numerous violations of the United States Constitution and the North Carolina Constitution, and then it concludes with what the state legislator by passing this resolution attend to do about it.
For the above and forgoing reasons, this Legislature expresses its belief that the NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012 (NDAA) is unconstitutional in authorizing the President to use war powers, the “law of war,” and/or martial law in the United States and its territories over any person, including citizens or lawful resident aliens of the United States not in the military forces, and over citizens or lawful resident aliens of the United States, who are not in the military forces, anywhere in the world.
FURTHER, the Legislature expresses its sense that all provisions of the NDAA which are unconstitutional, including as noted herein above, were and are null and void from their inception and are not enforceable in this state, and it is the express policy of state’s Legislature that no officer, employee, or agent of the state will implement, enforce or otherwise support, directly or indirectly, any of the above noted unconstitutional provisions, and that a violation of such policy will be deemed a violation of their oath of office and employment agreement, and will subject them to disciplinary action up to and including termination.
FURTHER, the Legislature recognizes its duty to interpose itself between unconstitutional usurpations by the federal government or its agents and the people of this state, as well as the duty to defend the unalienable natural rights of the people, all of which is consistent with the 9th and 10th Amendments to the Constitution of the United States, and with our oaths to defend the Constitution of the United States and the constitution of this state against all enemies, foreign and domestic.
FURTHER, the Legislature directs the Congressional delegation of this state to commence immediately efforts to repeal the unconstitutional sections of the NDAA, to-wit, sections 1021 and 1022, and any other section or provision which will have the same or substantially the same effect on the United States, its citizens, and lawful resident aliens.
FURTHER, the Legislature directs the Congressional delegation to introduce, support, and secure the passage of legislation which clearly states that Congress not only does not authorize, but in fact prohibits the use of military force, military detention, military trial, rendition, or any other power of the “law of war” against U.S. citizens and lawful resident aliens.
BE IT FURTHER RESOLVED, within ten (10) days from the passage hereof, a certified copy of this resolution shall be mailed, via certified mail with a return receipt, to each and every member of this state’s Congressional delegation by the [whomever it's their responsibility to send such documents], and, in compliance with federal law regarding acts of “misprision of treason,” (page 20, Gard. Inst., 326; 1 U.S. St. L. 112, 119.), to the governor and Supreme Court Chief Justice of this state to effect notification of a possible “conspiracy against the United States,” to wit: the attempt by Congress and the President to arbitrarily and indefinitely suspend of the Bill of Rights outside the requirement of an invasion or rebellion as required by U.S. Constitution, Article I, Section 9, Clause 3, which states: “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.,” and by subjecting the American people to the “law of war,” including military force, detention, and trial, and/or the institution of martial law, rather than under the laws of the United States, pursuant to the detention and trial requirements of U.S. Constitution, Article III, and of the Fourth, Fifth, Sixth, and Eighth Amendments.
According to Rep. Bradley, the ‘short session’ normally takes up only “non-controversial bills”. So, if you feel that standing up for the Constitution and the liberties of the people of the NC should be considered “non-controversial” then you need to contact Republican House Speaker Tom Tillis, House Majority Leader Paul Stam, your NC State Representative and tell them this resolution needs to be brought up for a vote by the North Carolina General Assembly.
To see the TAC Tenth Amendment Commission model legislation, click HERE.
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