Florida County Level NDAA Resolution….Colorado Already Has Three Counties Officially Against NDAA

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Three Colorado counties have already taken steps to oppose NDAA in their jurisdictions. There is every indication there are more Colorado counties to join in the opposition. You can read about it at: http://blog.tenthamendmentcenter.com/2012/02/three-and-counting-colorado-counties-rejecting-ndaa/

Currently no Florida county has taken this action yet that we are aware of, we would welcome any news to share on this front. Our friends at Save America Foundation have indicated at least one Pinellas commissioner is on board and we know that Pasco County’s commissioners have been approached as well.

Here is a County Petition for Florida with the Florida Constitution
violations included. This uses the Tenth Amendment Center Liberty
Preservation Resolution as found at
http://florida.tenthamendmentcenter.com/2012/01/ndaa-liberty-preservation-act/

WHEREAS, the Congress of the United States passed the National Defense
Authorization Act, 2011 P.L. 112-81, (“2012 NDAA”) for Fiscal Year 2012 on
December 15, 2011;

WHEREAS, the President of the United States of America signed the 2012
NDAA into law on December 31, 2011;

WHEREAS, Section 1022 of the 2012 NDAA requires the Armed Forces of the
United States to detain, pending disposition according to the Law of War,
any person involved in, or whom provided substantial support to, terrorism
or belligerent acts against the United States, and whom is a member of
Al-Qaeda or an associated force;

WHEREAS, Section 1022 of the 2012 NDAA specifically excludes United States
citizens, and lawful resident aliens for conduct occurring within the
United States, from its mandatory detention provisions;

WHEREAS, Section 1021 of the 2012 NDAA purports to authorize, but does not
require, the President of the United States to utilize the armed forces of
the United States to detain persons the President suspects were part of,
or substantially supported, al-Qaeda, the Taliban or associated forces;

WHEREAS, Section 1021 of the 2012 NDAA purports to authorize, but does not
require, the President of the United States, through the Armed Forces of
the United States, to dispose of such detained persons according to the
Law of War, which may include but is not limited to: (1) indefinite
detention without charge or trial until the end of hostilities authorized
by the 2001 Authorization for Use of Military Force Against Terrorists,
2001 P.L. 107-40, (2) prosecution through a Military Commission, or (3)
transfer to a foreign country or foreign entity.

WHEREAS, unlike Section 1022 of the 2012 NDAA, Section 1021 makes no
specific exclusion for United States citizens and lawful resident aliens
for conduct occurring within the United States;

WHEREAS, Section 1021 of the 2012 NDAA seeks to preserve existing law and
authorities pertaining to the detention of United States citizens, lawful
resident aliens of the United States, and any other person captured in the
United States, but does not specify what such existing law or authorities
are;

WHEREAS, the specific exclusion of application to United States citizens
and lawful resident aliens contained in Section 1022 of the 2012 NDAA, and
the absence of such exclusion in Section 1021 of the NDAA, strongly
implies that the provisions of Section 1021 are intended to apply to
United States citizens and lawful resident aliens, whether or not they are
captured in the United States;

WHEREAS, the Office of the President of the United States, under both the
administrations of George W. Bush and Barak H. Obama, has asserted the
2001 Authorization for the Use of Military Force Against Terrorists allows
the Office of the President to indefinitely detain without charge United
States Citizens and lawful resident aliens captured in the United States;

WHEREAS, the United States Supreme Court has not decided whether the 2001
Authorization for the Use of Military Force Against Terrorists allows the
Office of the President to indefinitely detain without charge United
States Citizens and lawful resident aliens captured in the United States;

WHEREAS, Section 1021 of the 2012 NDAA purports enlarge the scope of the
those persons the Office of the President may indefinitely detain beyond
those responsible for the September 11, 2001 terrorist attacks, and those
who harbored them, as purportedly authorized by the 2001 Authorization for
Use of Military Force Against Terrorists, to now include “[a] person who
was a part of or substantially supported al-Qaeda, the Taliban, or
associated forces that are engaged in hostilities against the United
States or its coalition partners, including any person who has committed a
belligerent act or has directly supported such hostilities in aid of such
enemy forces;”

WHEREAS, United States Senator Carl Levin declared in colloquy on the
floor of the United States Senate that the original 2012 NDAA provided
that section 1021 (then section 1031 prior to final drafting) specifically
would not apply to United States citizens, but that the Office of the
President of the United States had requested that such restriction be
removed from the 2012 NDAA;

WHEREAS, during debate within the Senate and before the passage of the
2012 NDAA, United States Senator Mark Udall introduced an amendment
intended to forbid the indefinite detention of U.S. citizens, which was
rejected by a vote of 38–60;

WHEREAS, United States Senator John McCain and United States Senator
Lindsey Graham declared in colloquies on the floor of the United States
Senate that Section 1021 of the 2012 NDAA authorized the indefinite
detention of United States Citizens captured within the United States by
the Armed Forces of the United States;

WHEREAS, United States Senator Lindsey Graham declared in colloquy on the
floor of the United States Senate that the United States homeland is now
part of “the battlefield;”

WHEREAS, Policing the citizenry of the United States of America by the
Armed Forces of the United States, as purportedly authorized by the 2012
NDAA, overturns the Posse Comitatus doctrine and is repugnant to a free
society;

WHEREAS, Section 1021 of the 2012 NDAA as it purports 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, is 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;

WHEREAS, Section 1021 of the 2012 NDAA as it purports to authorize, 1)
detainment of United States Citizens and legal resident aliens captured
within the United States of America without charge or trial, 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, is repugnant to the following rights
enshrined in the Florida Constitution:

SECTION 1.Political power.—All political power is inherent in the
people. The enunciation herein of certain rights shall not be construed to
deny or impair others retained by the people.

SECTION 2.Basic rights.—All natural persons, female and male alike,
are equal before the law and have inalienable rights, among which are the
right to enjoy and defend life and liberty, to pursue happiness, to be
rewarded for industry, and to acquire, possess and protect property;
except that the ownership, inheritance, disposition and possession of real
property by aliens ineligible for citizenship may be regulated or
prohibited by law. No person shall be deprived of any right because of
race, religion, national origin, or physical disability.

SECTION 9. Dueprocess.—No person shall be deprived of life,
liberty or property without due process of law, or be twice put in
jeopardy for the same offense, or be compelled in any criminal matter to
be a witness against oneself.

SECTION 12.Searches and seizures.—The right of the people to be
secure in their persons, houses, papers and effects against unreasonable
searches and seizures, and against the unreasonable interception of
private communications by any means, shall not be violated. No warrant
shall be issued except upon probable cause, supported by affidavit,
particularly describing the place or places to be searched, the person or
persons, thing or things to be seized, the communication to be
intercepted, and the nature of evidence to be obtained. This right shall
be construed in conformity with the 4th Amendment to the United States
Constitution, as interpreted by the United States Supreme Court. Articles
or information obtained in violation of this right shall not be admissible
in evidence if such articles or information would be inadmissible under
decisions of the United States Supreme Court construing the 4th Amendment
to the United States Constitution.

SECTION 13.Habeas corpus.—The writ of habeas corpus shall be
grantable of right, freely and without cost. It shall be returnable
without delay, and shall never be suspended unless, in case of rebellion
or invasion, suspension is essential to the public safety.

SECTION 14.Pretrial release and detention.—Unless charged with a
capital offense or an offense punishable by life imprisonment and the
proof of guilt is evident or the presumption is great, every person
charged with a crime or violation of municipal or county ordinance shall
be entitled to pretrial release on reasonable conditions. If no conditions
of release can reasonably protect the community from risk of physical harm
to persons, assure the presence of the accused at trial, or assure the
integrity of the judicial process, the accused may be detained.

SECTION 16.Rights of accused and of victims.—
(a)In all criminal prosecutions the accused shall, upon demand, be
informed of the nature and cause of the accusation, and shall be furnished
a copy of the charges, and shall have the right to have compulsory process
for witnesses, to confront at trial adverse witnesses, to be heard in
person, by counsel or both, and to have a speedy and public trial by
impartial jury in the county where the crime was committed. If the county
is not known, the indictment or information may charge venue in two or
more counties conjunctively and proof that the crime was committed in that
area shall be sufficient; but before pleading the accused may elect in
which of those counties the trial will take place. Venue for prosecution
of crimes committed beyond the boundaries of the state shall be fixed by
law.

SECTION 17.Excessive punishments.—Excessive fines, cruel and
unusual punishment, attainder, forfeiture of estate, indefinite
imprisonment, and unreasonable detention of witnesses are forbidden.

SECTION 18.Administrative penalties.—No administrative agency,
except the Department of Military Affairs in an appropriately convened
court-martial action as provided by law, shall impose a sentence of
imprisonment, nor shall it impose any other penalty except as provided by
law.

SECTION 21.Access to courts.—The courts shall be open to every
person for redress of any injury, and justice shall be administered
without sale, denial or delay.

SECTION 22.Trial by jury.—The right of trial by jury shall be
secure to all and remain inviolate. The qualifications and the number of
jurors, not fewer than six, shall be fixed by law.

WHEREAS, the members of this Board of County Commissioners, _________  County,
Florida have taken an oath to uphold the Constitution of the United States
of America and the Constitution of the State of Florida;

WHEREAS, this Board of County Commissioners, ________  County, Florida,
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;

WHEREAS, it is indisputable that the threat of terrorism is real, and that
the full force of appropriate and constitutional law must be used to
defeat this threat; however, winning the war against terror cannot come at
the great expense of mitigating basic, fundamental, constitutional rights;

WHEREAS, undermining our own Constitutional rights serves only to concede
to the terrorists’ demands of changing the fabric of what made the United
States of America a country of freedom, liberty and opportunity.

NOW BE IT RESOLVED THAT, the Board of Commissioners of _________County,Florida,
condemns in no uncertain terms Section 1021 of the 2012
NDAA as it purports to 1) repeal Posse Comitatus and authorize the
President of the United States to utilize the Armed Forces of the United
States to police United States citizens and lawful resident aliens within
the United States of America, 2) indefinitely detain United States
citizens and lawful resident aliens captured within the United States of
America without charge until the end of hostilities authorized by the 2001
Authorization for Use of Military Force, 3) subject American Citizens and
lawful resident aliens captured within the United States of America to
military tribunals, and 4) transfer American Citizens and lawful resident
aliens captured within the United States of America to a foreign country
or foreign entity; and

BE IT RESOLVED, that the Board of County Commissioners, County of_______  in
the State of Florida, 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  County, and was
adopted by the United States Congress in violation of the limits of
federal power in United States Constitution; and

BE IT RESOLVED, That copies of this Resolution be immediately transmitted
to the Honorable Barack Obama, President of the United States, the
President of the United States Senate, the Speaker of the House of
Representatives, each member of Congress from the State of Florida to the
Honorable John Roberts, Chief Justice of the United States Supreme Court;
each justice on the United States Supreme Court; and the President of the
Senate and the Speaker of the House of Representatives of each state’s
legislature.

In Liberty,
Andrew Nappi
Tenth Amendment Center Life Member
State Director
Florida Tenth Amendment Center
http://florida.tenthamendmentcenter.com
http://www.facebook.com/FloridaTenthAmendmentCenter
FL10thAmendment@twitter.com

Andrew Nappi is the State Coordinator for the Florida Tenth Amendment Center. He lives in the Tampa Bay Area with wife Tammy and dogs Emma and Bud Lite.

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3 Responses to “Florida County Level NDAA Resolution….Colorado Already Has Three Counties Officially Against NDAA”

  1. 4 counties in Colorado have nullified NDAA. Huerfano County will be the 5th.

  2. [...] spoke about the National Defense Authorization Act (NDAA), specifically addressing sections 1021 & 1022 and the need for the nullification of these provisions which call for the indefinite detention of [...]

  3. RepublicRed says:

    Mr. Andrew Nappi:

    FEEDBACK: I sent out the Liberty 101 Form to Nelson, Rubio and (Wilson) who is the Rpresentative in my District.

    I have also Sent Governor Scott a Copy of the Liberty Preservation Act and Called his Office on numerous occasions. No Response whatsoever.

    I have had NO response from Wilson. Nelson and Rubio have responded but wrote to me about a TOTALLY DIFFERENT SUBJECT MATTER obviously avoiding ANYTHING to do with their Traitorous Actions regarding the NDAA. Perhaps they are ‘hoping’ the Constituents in the State will just ‘go away’. Not so!

    I will try at my County Level (again) with the above Resolution.

    Please advise as to what else to resend/send.

    Thanks,

    Red