Florida NULLIFICATION of NDAA Bill Ready to Bring to Legislature….

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This is available for you and your group to begin the petitioning Florida state legislators for LIBERTY.

 

FLORIDA Liberty Preservation Act: Nullification OF NDAA

AN ACT relating to detainment without charge, military tribunals, and transfer to foreign jurisdictions of United States Citizens and legal resident aliens residing in the State of FLORIDA; creating the Liberty Preservation Act; providing legislative findings and declarations of authority; prohibiting state from providing material support for certain acts; prohibiting state participation in
the implementation of certain acts; making certain acts unlawful; providing penalties; and providing an effective date. Be it Enacted by the People of the State of FLORIDA:

WHEREAS, the members of this Legislature, have taken an oath to uphold the Constitution of the United States of America and the Constitution of the State of FLORIDA

WHEREAS, this Legislature, opposes any and all rules, laws, regulations, bill language or executive orders, which amount to an  verreach 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 Legislature of the State of 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 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 FLORIDAand 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 Legislation 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 (STATE) 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.

 

This act shall be known and may be cited as the “FLORIDA Liberty Preservation Act”

SECTION 2.  NEW LAW A new section of law to be codified in the FLORIDA  Statutes as Section (NUMBER) of Title (NUMBER), unless there is created a duplication in numbering, reads as follows:

The Legislature declares that the authority for this act is the following:

1. The Tenth Amendment to the United States Constitution provides that the United States Federal government is authorized to exercise only those powers delegated to it in the Constitution and nothing more. The guaranty of those limitations on federal
power is a matter of contract between the state and people of FLORIDA and the United States at of the time that the Constitution was agreed upon and adopted by FLORIDA and the United States;

2. Article VI, Clause 2 of the Constitution of the United States provides that laws of the United States are the supreme law of the land provided that they are made in pursuance of the powers delegated to the federal government in the Constitution;

3. Article I Section 9, Clause 2 of the Constitution provides that 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;

4. The First Amendment provides that the Congress of the United States shall make no law prohibiting the right of the people to petition the Government for a redress of grievances;

4. The Fourth Amendment provides that the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated;

5. The Fifth Amendment provides that the People have a right to be free from deprivation of life, liberty, or property, without Due Process of law;

6. The Sixth Amendment provides that the people have a 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; to be informed of the nature and cause of the accusation; to confront witnesses; to Counsel;

7. The Fourteenth Amendment provides that the people are to be free from deprivation of life, liberty, or property, without Due Process of law.

SECTION 3. NEW LAW A new section of law to be codified in the FLORIDA Statutes as Section (NUMBER) of Title (NUMBER), unless there is created a duplication in numbering, reads as follows:

The Legislature finds that:

1. Section 1021 of the National Defense Authorization Act of 2012 purports to assert the President’s authority to not only arrest suspected terrorists, but also to determine whether or not a trial, including what type of trial, will be held for those arrested;

2. Section 1022 of the National Defense Authorization Act of 2012 requires detention without trial by the military for a certain class of terrorist and authorizes but does not require the same for citizens of the United States;

3. The exemption for citizens of the United States in Section 1022 of the National Defense Authorization Act of 2012 only exempts citizens from a requirement and reads as follows, “The requirement to detain a person in military custody under this
section does not extend to citizens of the United States”;

4. 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 FLORIDA, and was adopted by
the United States Congress in violation of the limits of federal power in United States Constitution, including but not limited to, those listed in Section 2 of this act.

SECTION 4.  NEW LAW A new section of law to be codified in  the FLORIDA  Statutes as Section (NUMBER) of Title (NUMBER), unless there is created a duplication in numbering, reads as follows:

1 The State of FLORIDA shall not provide material support or participate in any way with the implementation of Sections 1021 and 1022 of the National Defense Authorization Act of 2012 within the boundaries of this state;

2. The Florida Department of Law Enforcement, the Attorney General and all State, County, City and Town law enforcement agencies are hereby directed to report to the Governor and the Legislature any attempt by agencies or agents of the United States Federal
Government to secure the implementation of Sections 1021 and 1022 of the National Defense Authorization Act of 2012 through the operations of that or any other state department;

3. The indefinite detention, prosecution according to the law of war, and transfer to a foreign jurisdiction of citizens of the United States as provided for by Sections 1021 and 1022 of the National Defense Authorization Act of 2012 are in direct
contravention to the limits on federal power as specified in Section 2 of this act and are illegal within the boundaries of the state of FLORIDA;

 

SECTION 5.  NEW LAW A new section of law to be codified in the FLORIDA Statutes as Section (NUMBER) of Title (NUMBER), unless there is created a duplication in numbering, reads as follows:

1. Any public officer, employee, or agent of the State of FLORIDA or any employee of a corporation providing services to the State of FLORIDA that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United
States in violation of Section 4 of this act shall be guilty of a class A misdemeanor punishable by imprisonment for not more than six (6) months or by a fine not exceeding Five Hundred Dollars ($500.00) or both such fine and imprisonment;

2. Any official, agent, or employee of the government of the United States, or employee of a corporation providing
services to the government of the United States that enforces or attempts to enforce an act, order, law, statute, rule, or regulation of the government of the United States in violation of Section 4 of this act shall be guilty of a
class B felony punishable by imprisonment for not more than one (1) year, or a fine of not more than Two Thousand Dollars ($2,000.00), or by both such fine and imprisonment.

SECTION 6.  This act shall take effect immediately upon approval by the Governor

 

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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2 Responses to “Florida NULLIFICATION of NDAA Bill Ready to Bring to Legislature….”

  1. RepublicRed says:

     @Cyndee LaMountain 
     
    Many of them Cyndee are ‘asleep’–many are in ‘denial’–and unfortunately many are just plain ‘indifferent’.  A lot of people I have spoken to insist that unless they ‘do something wrong’ it does not apply to them.  
     
    I made up some Fliers and hand them out whenever I can.  I tell them Sections 1021 and 1022 DO apply to them.  I get the ‘deer in the headlights’ look quite a bit.  
     
    Unfortunately over the years the American Educational System has deliberately been ‘DUMBING DOWN’ THE MASSES.  THAT HOWEVER IS NOT AN EXCUSE.  KNOWLEDGE IS POWER.  
     
    Unfortunately for some, the Government kicking their doors in and black-bagging them would ‘wake them up’.  I Pray it does not get to that point.

  2. Cyndee LaMountain says:

    I am bewildered as to why; so many people still do not understand the severity of this issue. Short of having the Government in their faces, I do not know what it will take to help them pay attention and understand.