via the Pennsylvania Tenth Amendment Center

We have been able to confirm this May 23, 2012 post to our facebook wall by Joseph Hagerty.  Thanks for the tip, Joe!

From the minutes of the Fulton County, Pennsylvania Commissioner’s Meeting from yesterday May 22, 2012.
Motion by Commissioner McCray to adopt Resolution Number 9 of 2012 Condemning Section 1021 of the 2012 National Defense Authorization Act.  All in favor.  THIS IS THE RESOLUTION THAT MARY AND I PUT TOGETHER TO PROTECT EVERYONE’S FREEDOM !!!  Well, the people in Fulton County… Now on to the State !!!!
In Liberty, Joe

We have now received confirmation from Dan Swain, who is the county’s Chief Clerk, that on May 22, 2012,Fulton County joined Elk County in opposition to section 1021 of the National Defense Authorization Act (NDAA) for 2012 by passing Resolution Number 9 of 2012, “A RESOLUTION Condemning Section 1021 of the 2012 National Defense Authorization Act“.  This resolution states, in part:

WHEREAS, the Commissioners of this County have taken an oath to uphold the Constitution of the United States of America and the Constitution of the State of Pennsylvania;
WHEREAS, this County opposes any and all rules, laws, regulations, bill language or executive orders, which amount to an overreach of the federal government and which effectively take away civil liberties;
NOW BE IT RESOLVED THAT, the Commissioners of Fulton County Pennsylvania, condemn in no uncertain terms Section 1021 of the 2012 NDAA as it purports to: 1) indefinitely detain United States citizens and lawful resident aliens captured within the United States of America without charge; 2) subject American Citizens and lawful resident aliens captured within the United States of America to military tribunals; and 3) transfer American Citizens and lawful resident aliens captured within the United States of America to a foreign country or foreign entity.
WITNESS THE DUE ADOPTION of this Resolution this 22nd day of May, 2012.

The Tenth Amendment Center has written extensively on the NDAA for 2012.  Herehere and here, for example.  Also, Blake Filippi gives a fantastic lecture on the topic in this video from Nullify Now! Philadelphia.

We applaud the courage that Fulton County’s commissioners demonstrated by passing this resolution.

As Joe wrote, “Now on to the State” –   Unfortunately, at this time, a keyword search of the state legislature web site for the string “NDAA” still comes up empty.

In 1793, the federal government passed the first federal fugitive slave act.  This law allowed the kidnapping of black people based upon little more than an accusation.  Many Pennsylvania citizens responded by establishing an underground railroad and the state eventually responded with personal liberty laws in the 1820s and again in1847.

The 1847 law – crafted to comply with the 1842 Prigg v. Pennsylvania supreme court ruling – states,

SECTION 5. That nothing in this act shall be constructed to take away what is hereby declared to be invested in the Judges of this Commonwealth, the right, power and authority, at all times, on application made, to issue the writ of habeas corpus, and to inquire into the causes and legality of the arrest or imprisonment of any human being within this Commonwealth.

Think about that.  In 1847, our legislature declared that judges in Pennsylvania have the right, power and authority, at all times… to issue the writ of habeus corpus and to inquire into the causes and legality of imprisonment of any human being.  In 2012, our federal government presumes to usurp that authority, yet our legislature is silent.

We commend the commissioners of Fulton County and encourage you to contact your own local, county and state officials.  The Tenth Amendment Center’s model, Liberty Preservation Act offers several ways for state and local legislators to oppose the NDAA for 2012.

Steve Palmer

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