The proposed Resolution to be introduced in the “short session” of the North Carolina General Assembly convening on May 16by Rep. Glen Bradley  states:
…” opposition to the provisions in the National Defense Authorization Act for fiscal year 2012 which authorized Military Detention and Trial of United States citizens and lawful residents in direct violation of the United States Constitution and the Constitution of North Carolina.”

The Resolution further asserts:
Whereas, the United States Constitution, Article I, Section 9, Clause 2, 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 Whereas, the North Carolina Declaration of Rights, Article I, Section 21, Inquiry into restraints on liberty, states:

General Assembly of North Carolina Session 2011 Page 2 2011-LG-149 [v.7] (02/09)
“Every person restrained of his liberty is entitled to a remedy to inquire into the lawfulness thereof, and to remove the restraint if unlawful, and that remedy shall not be denied or delayed. The privilege of the writ of habeas corpus shall not be suspended;” and

Whereas, there has been no suspension of habeas corpus by Congress, purporting to authorize detention without grand jury indictment for such time as Congress has specified during a “rebellion,” or an “invasion;” and

Whereas, instead of suspending habeas corpus, Congress has unconstitutionally authorized indefinite military detention, under the “law of war,” of persons, including United States citizens and lawful resident aliens, a power nowhere granted to government within the United States Constitution;…”

The Resolution further goes on to detail the violations of the U.S. Constitution and the subsequent Amendments, listing the 4th, 5th, 6th, 8th and 14th in particular, and the corresponding violations of the Constitution of North Carolina.

We at the North Carolina Tenth Amendment Center believe that the provisions written into sections1021 and 1022 of the NDAA 2012 are a clear and present danger to rights and freedoms of the citizens of this country and this state, and the adoption of this resolution would place this state alongside Virginia and Arizona in opposition to this unconstitutional “law”. These Provisions in the NDAA are a willful and dangerous expansion of federal power in direct violation to the U.S. and North Carolina Constitutions, and we applaud the Legislature for taking up the cause liberty.

In conclusion, the Resolution affirms:
“SECTION 2. The House of Representatives expresses its sense that all provisions of the National Defense Authorization Act for Fiscal Year 2012 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.

SECTION 3. The House of Representatives 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 Ninth and Tenth 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.”

Please join the Tenth Amendment Center in supporting this Resolution by following the Action Items below.

To see the TAC Tenth Amendment Commission model legislation page, click HERE.

Visit the TAC’s legislative tracking page for NDAA legislation HERE


If you live in North Carolina – act NOW. Not tomorrow or next week. Today, not tomorrow – right now.

1. Visit the links below for contact information for your State Legislator:
How to contact your State Representative:

How to contact your State Senator:

2. Click on your Legislator’s name and get their email address and TWO phone numbers – capitol and district offices.

3. CALL them. Best option – respectfully, yet firmly urge them to pass this Resolution and the corresponding Bill. Let them know that you want them to stand up for the Constitution of the United States AND the Constitution of North Carolina – they took an oath to both.

4. EMAIL them – even if you call, you can still email too. Or just send them a firm but courteous email urging them to vote yes on this Resolution and Bill.

5. Report Back – when you get responses, let us know! We want people to be informed of what their delegates are saying and doing.

William Kennedy

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