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People Against NDAA- Take Action In Your Own Community- NDAA Resolution For Sheriffs | THE JEENYUS CORNER

 

THE JEENYUS CORNER

*Editor’s Note: There is nothing much I even need to add to this. The NDAA represents the biggest threat to liberty this nation has ever seen. Please, I urge you to read the text below very carefully.  I even more strongly urge you to take action, make sure your local sheriff upholds the constitution. We stand together or the republic will fall, it’s as simple as that folks. 

THIS OFFICIAL LEGAL FORM TO FILE WITH YOUR SHERIFF SO HE CAN BAN ALL CONCENTRATION CAMPS IN YOUR CITY CAN BE DOWNLOADED AT:

http://peopleagainstndaa.com/resources/action-kit/

NDAA RESOLUTION FOR SHERIFFS
NOTE from Oath Keepers founder Stewart Rhodes & Patriot Coalition National Director Jeff Lewis:
The below draft resolution was prepared by Mr. Stewart Rhodes, Founder of Oath Keepers (oathkeepers.org) a
Yale Law Graduate who specializes in the application of military law to civilians, and Mr. Richard D. Fry, a
constitutional law attorney and General Council for Patriot Coalition (patriotcoalition.com). Sheriffs who choose
to endorse or adopt this (Patriot Coalition / Oath Keepers) “P.C./O.K. NDAA RESOLUTION” are requested to
notify Stewart and Richard of your intent, and to identify it as such in any accompanying public statements or
press releases.
A more abbreviated draft resolution can be downloaded here: http://oathkeepers.org/oath/ndaa/ndaa-docs/NDAASHERIFF-SRES.PDF We have also prepared a tutorial video which explains the contents of the detailed
resolution, which can be viewed at the Oath Keepers NDAA homepage here:http://oathkeepers.org/oath/ndaa.
If you have any questions, Stewart Rhodes can be reached at 702-353-0627 or by email at
stewart.rhodes@oathkeepers.org, and Richard D. Fry can be reached at 816-853-8718 or by email at
richard@patriotcoalition.com. Stewart and/or Richard would be happy to join you by telephone or by Skype.
Jeff Lewis can be reached at: 252-876-9489, or by email at: Jeff@patriotcoalition.com.
___________________
“…I am committed against every thing which, in my judgment, may
weaken, endanger, or destroy [the Constitution]… and especially
against all extension of Executive power; and I am committed
against any attempt to rule the free people of this country by the
power and the patronage of the Government itself…”
-Daniel Webster 2
DOWNLOAD P.C.O.K. RESOLUTIONS HERE: http://TheIntolerableActs.org/
RESOLUTION OF THE SHERIFF OF (INSERT COUNTY NAME)
COUNTY, STATE OF (INSERT STATE NAME)
STANDING IN OPPOSITION TO THE PROVISIONS IN THE NATIONAL
DEFENSE APPROPRIATIONS ACT FOR FISCAL YEAR 2012 WHICH
AUTHORIZE MILITARY DETENTION AND TRIAL OF U.S. CITIZENS AND
LAWFUL RESIDENTS IN DIRECT VIOLATION OF THE UNITED STATES
CONSTITUTION AND THE CONSTITUTION OF THIS STATE.
WHEREAS, on Dec. 15, 2011, on the 220th anniversary of the Bill of Rights, the United States Senate
passed the Conference Report to House of Representative bill H.R. 1540, the “NATIONAL DEFENSE
AUTHORIZATION ACT FOR FISCAL YEAR 2012 (NDAA),”
WHEREAS, on Dec. 31, 2011, President Barack Obama signed the Conference Report to House of
Representative Bill H.R. 1540, the NDAA, into law,
WHEREAS, the NDAA contains provisions repugnant to, and destructive of, the constitutions and Bill
of Rights of the United States of America, and this state,
WHEREAS, the United States Constitution and the constitution of this state are infringed and/or
usurped by provisions in the NDAA which authorize the application of: military force (including
assassination), indefinite military detention without trial, military trial, and rendition to foreign
countries and entities of any person, including American citizens and lawful resident aliens, at the
discretion of the President or a subordinate within the Department of Defense,
Fundamental Rights of All Citizens
“In matters of power, let no more be heard of the confidence in man, but bind
them down from mischief with the chains of the Constitution.”
-Thomas Jefferson
WHEREAS, the Preamble to the U.S. Constitution states:
“W E THE PEOPLE of the United States, in order to form a more perfect union, establish justice,
insure domestic tranquility, provide for the common defense, promote the general welfare, and secure
the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the
United States of America.”
WHEREAS, the U.S. 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.”
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.” 3
DOWNLOAD P.C.O.K. RESOLUTIONS HERE: http://TheIntolerableActs.org/
WHEREAS, U.S. Constitution, Article III, Section 2, Clause 3, states:
“The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held
in the state where the said crimes shall have been committed; but when not committed within any state,
the trial shall be at such place or places as the Congress may by law have directed.”
WHEREAS, the U.S. Constitution, Article III, Section 3 states:
“Treason against the United States shall consist only in levying war against them or in adhering to
their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the
testimony of two witnesses to the same overt act, or on confession in open court.”
WHEREAS, the U.S. Constitution, Article III, Section 2, Clause 3, and Article III, Section 3 together
clearly and plainly set forth what manner of trial must be used against a United States Citizen or lawful
resident who is alleged to have waged war against the United States or to have aided the enemy in
wartime, requiring a trial by a jury of their peers, in an Article III, civilian court, for the crime of
Treason, with the extra evidentiary burden of two witnesses to the same overt act, or confession in open
court,
WHEREAS, Section 1021 of the NDAA directly violates Article III, Section 2, Clause 3, and Article
III, Section 3 of the United States Constitution by authorizing military trial, before a military
commission, of American citizens and lawful residents accused of levying war against the United
States or adhering to their enemies, giving them aid and comfort, which are the elements of the crime
of treason as defined in Article III, Section 3, “levying war against [the United States] or adhering to
their enemies, giving them aid or comfort…” thus denying United States citizens and lawful resident
aliens their right to a trial by jury and also denying them the additional evidentiary protections of
Article III, Section 3, such as the requirement of two witnesses to the same overt act or confession in
open court before they can be found guilty, by a jury of their peers, of having levied war against the
United States or adhering to their enemies, giving them aid and comfort, which constitute the crime of
treason,
WHEREAS, the U.S. Constitution, 4th Amendment states:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the place to be searched, and the
persons or things to be seized.”
WHEREAS, Section 1021(c) (1) of the NDAA, directly violates the right of the people against
unreasonable seizure by allowing them to be snatched up (kidnapped) by the United States military, on
the say so of the military itself, and taken to a military detention facility at Guantanamo Bay, Cuba, or
to some other location, to be held in “(1) Detention under the law of war without trial until the end of
the hostilities authorized by the Authorization for Use of Military Force,” or, under Section 1021(c) (4)
to be turned over to the custody or control of “any other foreign country, or any other foreign entity,”
all of which are the epitome of an unreasonable seizure, as the American people are thereby treated
exactly the same as any person captured on a foreign battlefield (such as Iraq or Afghanistan), where
anyone who is suspected of being an unlawful belligerent in the war on terrorism, or of aiding
belligerents, is simply picked up by the military and taken away to wherever the U.S. military sees fit, 4
DOWNLOAD P.C.O.K. RESOLUTIONS HERE: http://TheIntolerableActs.org/
with no involvement whatsoever by the civilian courts. A government which does the above to its own
people is consistent with the behavior of every despotic and totalitarian regime in world history.
WHEREAS, the U.S. Constitution, 5th Amendment states:
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment
or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia,
when in actual service in time of War or public danger; nor shall any person be subject for the same
offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a
witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor
shall private property be taken for public use, without just compensation,” (emphasis added)
WHEREAS, Section 1021(c) (1) of the NDAA, directly violates the 5
th
Amendment by authorizing
United States citizens and lawful residents to be held in military detention ”under the law of war
without trial until the end of the hostilities authorized by the Authorization for Use of Military Force,”
including holding them to answer for a capital, or otherwise infamous crime – violations of the laws of
war – and authorizing the initiation of military trial for those offenses without presentment or
indictment of a Grand Jury,
WHEREAS, claiming authority under the laws of war and the AUMF, President Barack Obama has,
on his direction alone, targeted U.S. citizens for killing by the U.S. military, and has in fact ordered the
successful killing of several U.S. citizens, based on secret evidence, pursuant to a secret criteria for
deciding such targeting, while refusing to present any evidence whatsoever, and while proclaiming the
intent to target other U.S. citizens for such extra-judicial, extra-constitutional killing with no due
process whatsoever before placing U.S. citizens on a secret assassination list, and depriving them of
their lives without due process of law, directly in violation of the Fifth Amendment, all under the
fiction that he can treat Americans like foreign enemy soldiers during war and simply kill them on
sight. Again, such a claimed power to arbitrarily kill its own citizens, on the mere say-so of “the
Leader” is the hallmark of every despotic and totalitarian regime in world history. Under our
Constitution, a citizen or lawful resident must be tried for treason and found guilty by a jury of his
peers before being executed. Summary execution at the discretion of the President is nowhere
enumerated in our Constitution.

WHEREAS, by enacting the NDAA, and thus affirming the power of the President to use military
force against any person – including U.S. citizens and lawful resident aliens – that “he determines” are
part of the enemy or has aided the enemy in the “war on terror,” with the full knowledge that the
current President has engaged in assassination of U.S. citizens, Congress has knowingly authorized the
continuation of President Barack Obama’s program of extra-judicial killing of Americans who he has
placed on his secret hit list, pursuant to secret evidence that he will not present to any court. Congress
has thus given its assent to the President to hold the power of life and death over all persons within the
United States, as if he were a Roman emperor, or as if he were Hitler, Mussolini, Stalin, Mao, Pinochet,
Pol Pot, or Papa Doc.
WHEREAS, the U.S. Constitution, 6th Amendment states:
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an
impartial jury of the state and district wherein the crime shall have been committed, which district shall
have been previously ascertained by law, and to be informed of the nature and cause of the accusation; 5
DOWNLOAD P.C.O.K. RESOLUTIONS HERE: http://TheIntolerableActs.org/
to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in
his favor; and to have the assistance of counsel for his defense.”
WHEREAS, Section 1021(c)(2) of the NDAA directly violates the clear mandates of the 6
th
Amendment by authorizing United States citizens and lawful residents to be tried before a military
commission “under chapter 47A of title 10, United States Code (as amended by the Military
Commissions Act of 2009 (title XVIII of Public Law 111–4 84)), for supposed crimes against the “law
of war,” rather than before a jury of their peers, and further violates the 6
th
Amendment by authorizing
such trial outside of the state and district wherein the crime shall have been committed, to include
transporting them beyond seas for pretended offenses against the “law of war” (such as not bearing
arms openly, not wearing a uniform or an insignia recognizable at a distance, or not serving under an
established chain of command – all of which are absurd to apply to an American civilian in civilian
life), and without the 6
th
Amendment guarantee of the right to be confronted with the witnesses against
them, and to have compulsory process for obtaining witnesses in their favor,
WHEREAS, the U.S. Constitution, 8th Amendment states: “Excessive bail shall not be required,
nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
WHEREAS, the NDAA, in direct violation of the 8th Amendment of the Bill of Rights, authorizes
“cruel and unusual punishments” in the form of “indefinite detentions,” and the transfer of American
citizens and lawful residents to “foreign nations,” and/or unnamed foreign “entities” for unspecified
purposes, and for trial and punishment for pretend offenses against the “law of war,” which can result
in the absurdity of Americans suffering the punishment of being executed because they do not wear an
insignia recognizable at a distance in their daily lives as civilians, or because they carry a handgun
concealed as millions of Americans legally do in daily life, or because they are not subject to an
established chain of command, all of which are perfectly legal under the laws of the United States and
are only “crimes” under the international “law of war” as applied to a foreign enemy, which has no
jurisdiction over Americans who are not in the Armed Forces of the United States,
WHEREAS, the punishment of being arbitrarily killed by a Hellfire Missile fired from a Predator
drone, after the President “determines” – based on secret evidence and secret criteria – that a U.S.
citizen or lawful resident alien is guilty of levying war against the United States or aiding its enemies,
or is guilty of pretend violations of the “law of war,” is truly cruel and unusual (at least for now), and
thus violates the 8th Amendment,
“The accumulation of all powers, legislative, executive, and judiciary, in the
same hands …may justly be pronounced the very definition of tyranny.”
-James Madison, Federalist 47
WHEREAS, the U.S. Constitution, 14th Amendment, Section 1 states,
“…No state shall make or enforce any law which shall abridge the privileges or immunities of citizens
of the United States; nor shall any state deprive any person of life, liberty, or property without due
process of law, nor deny to any person within its jurisdiction the equal protection of the laws.”
Requirements of Oaths of Office to Protect the Constitution and Citizens
WHEREAS, our oath of office creates an active duty, not a passive duty, 6
DOWNLOAD P.C.O.K. RESOLUTIONS HERE: http://TheIntolerableActs.org/
WHEREAS, the U.S. Constitution, Article VI, Clause 3 states,
“The Senators and Representatives before mentioned, and the Members of the several State
Legislatures, and all executive and judicial Officers, both of the United States and of the several States,
shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be
required as a Qualification to any Office or public Trust under the United States.”
WHEREAS, the United States Constitution, Article II, Section I, Clause 8 states:
“Before he enter on the execution of his office, he shall take the following oath or affirmation: “I do
solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and
will, to the best of my ability, preserve, protect, and defend the Constitution of the United States.”
WHEREAS, enlisted members of the armed forces of the United States are bound by the
following oath:
“I, (NAME), do solemnly swear (or affirm) that I will support and defend the Constitution of the United
States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same;
and that I will obey the orders of the President of the United States and the orders of the officers
appointed over me, according to regulations and the Uniform Code of Military Justice. So help me
God.”
WHEREAS, commissioned officers of the armed forces of the United States are bound by the
following oath:
“I, [name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United
States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same;
that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will
well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”
[INSERT OATH TO STATE CONSTITUTION IF APPLICABLE]
WHEREAS, all Sheriffs within the State of (INSERT STATE NAME) are bound by their
oaths to defend the Constitution of the Unites States and the Constitution of our state, and in doing so,
are bound to protect the lives and liberty of the citizens of our state from any infringement, coming
from any source, foreign or domestic,
National Defense Authorization Act for Fiscal Year 2012
“It will be of little avail to the people that the laws are made by men of their
own choice, if the laws be so voluminous [NDAA is 1844 pages] that they
cannot be read, or so incoherent that they cannot be understood; if they be
repealed or revised before they are promulgated, or undergo such incessant
changes that no man who knows what the law is today can guess what it will
be tomorrow.” -James Madison7
DOWNLOAD P.C.O.K. RESOLUTIONS HERE: http://TheIntolerableActs.org/
WHEREAS, the execution of parts of the NDAA may require members of the armed forces to violate
their oath to support and defend the Constitution of the United States,
WHEREAS, we believe the NDAA unconstitutionally infringes upon the fundamental rights of all
persons, including U.S. citizens and lawful resident aliens of our Constitutional Republic, as noted
above, and has other flaws, as noted below:
1. The NDAA is deceptive in that it purports to merely “Affirm” the authority granted
the President under the Authorization for the Use of Military Force (AUMF) as
signed into law on September 18, 2001, when in fact it does expand the temporal
scope and the entities to whom that act applies, which can be targeted under the
AUMF.
(See Subtitle D—Counterterrorism, SEC. 1021. AFFIRMATION OF
AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO
DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR
USE OF MILITARY FORCE),
2. The NDAA of 2012 is deceptive in that, while it purports to not expand or limit the
authority given the President under the subject AUMF, or the scope of the subject
AUMF, it does in fact expand both in the following ways:
a. it expands the entities that could be targeted beyond those noted in the AUMF,
and for a different time period (See §1021 (b)(2) “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.” (Emphasis added),
b. it expands the powers of the President that can be applied to “covered persons”
by enumerating for the first time, the power of indefinite military detention
under the “law of war” without trial, trial by military commission, and
extraordinary rendition to “any other foreign country, or any other foreign
entity.”
(See §1021(d) CONSTRUCTION.—Nothing in this section is intended to limit
or expand the authority of the President or the scope of the Authorization for
Use of Military Force), (See note 1)
3. The NDAA is deceptive in that it purports it does not affect existing law or
authorities relating to the detention of United States citizens et.al, when in fact:
a. Congress could not agree on what the existing “law or authorities” were,

b. the NDAA does expand the entities and actions to which the AUMF applies, 8
DOWNLOAD P.C.O.K. RESOLUTIONS HERE: http://TheIntolerableActs.org/
c. the provision of the NDAA will result in a different law being applied to
“United States citizens, lawful resident aliens of the United States, or any
other persons who are captured or arrested in the United States,” i.e., the
“law of war,” (See Section 1021(e))
d. there are general provisions in the NDAA which purport to limit its
application that are inconsistent with specific provisions in the NDAA that
expand the AUMF. A court, in interpreting the NDAA, will most likely interpret
the subject-limiting provision to read “Nothing in this section shall be construed
to affect existing law or authorities… [except as otherwise provide in this
section].”
(See §1021(e) AUTHORITIES.—Nothing in this section shall be construed to
affect existing law or authorities relating to the detention of United States
citizens, lawful resident aliens of the United States, or any other persons
who are captured or arrested in the United States.), (See Note 2.)

e. the intent and purpose of the NDAA, as expressed by Senator Lindsey
Graham on the Senate floor, is to create the legal fiction that the United
States of America is a “battlefield,” thus providing justification for the
unconstitutional application of the “law of war” to U.S. citizens and lawful
resident aliens who are not serving in the U.S. armed forces,”
3. The NDAA is deceptive in that Section 1021 expands the authority of the 2001 AUMF, while
asserting it does not expand the authority granted under the 2001 AUMF. Congress is
pretending that it granted all of these newly listed powers in the 2001 AUMF, when in fact the
original authorization makes no mention of the power to use military detention, military trial, or
extraordinary rendition. This legalistic, sophistic, “time travelling” deception allows Congress
to greatly expand the written scope of its AUMF, including adding, for the first time, written
authorization to use military detention without trial, military trial, and even extraordinary
rendition to foreign countries and unnamed foreign entities, to include against U.S. citizens and
lawful residents, while telling the American people that nothing has changed. Such legalistic
“time travel” is the height of deception.
WHEREAS, it is deceptive for the NDAA to assert it does not affect existing law or authorities in that:
1) there was no agreement within Congress as to what is the existing law on the relevant subject, 2) the
“authorities“ on the subject issue are unclear at best, 3) provisions within Subtitle D of the NDAA
do result in a different law, the “law of war,” being applied to “United States citizens, lawful resident
aliens of the United States, or any other persons who are captured or arrested in the United States…”
outside the protections of civilian law pursuant to Article III and the Bill of Rights. 4) due to the fact
there are general limiting provisions in the NDAA which are inconsistent with specific expanding
provisions in the NDAA, a court, in interpreting the NDAA, will most likely interpret the generallimiting provisions to read “Nothing in this section shall be construed to affect existing law or
authorities…except as otherwise provided in this section,” (See Section 1021(e)) (See Note 2.)
WHEREAS, the NDAA would subject United States citizens and lawful resident aliens to “transfer to
the custody or control of the person’s country of origin, any other foreign country, or any other foreign
entity….”, which would violate the duty of allegiance owed to such persons by the United States of
America as well as certain of their fundamental freedoms, 10
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WHEREAS, “Any person having knowledge of any treasonable project is bound to disclose it to the
President, or to a United States judge, or to a Governor of a State or a State judge, or he is guilty of
misprision of treason, and may be fined one thousand dollars and imprisoned for seven years.” (Treatise
on Law of the American Rebellion, page 20, Gard. Inst., 326; 1 U.S. St. L. 112, 119.)
THEREFORE, BE IT RESOLVED,
For the above and forgoing reasons, I, (INSERT SHERIFF’S NAME), Sheriff of (INSERT
COUNTY NAME) County, in the State of (INSERT STATE NAME) express my belief that the
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012 (NDAA) is
unconstitutional in authorizing the President to use war powers, and 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, all provisions of the NDAA which are unconstitutional, including as noted herein above,
were and are null and void from their inception and will not be implemented, enforced, or otherwise
supported in this county, and it is the express policy of the Sheriff that no officer, employee, or agent of
the Sheriff’s Office may implement, enforce or otherwise support, directly or indirectly, any of the
above noted unconstitutional provisions including seizure, detention, or trial by the United States
Armed Forces, and/or any other agents of the United States government, both foreign and domestic, of
any person, including any United States citizen and/or lawful resident within this county, and that a
violation of such policy will be deemed a violation of their oath of office and/or employment, and will
subject them to discipline up to and including termination and potential arrest for assault, battery,
kidnapping, unlawful detention, and other unconstitutional actions under the color of law.
FURTHER, in keeping with my oath to defend the Constitution of the United States, and the
Constitution of this state, against all enemies, foreign and domestic, I hereby express my commitment
to interpose this office and stand in defense all persons including citizens and lawful residents of the
United States within this county, against any and all attempts by the United States Armed Forces or any
other agents of the United States government to subject the people to military force, military seizure,
military detention, military trial, or to subject them to extraordinary rendition to any foreign country or
entity. Such actions were among the causes of the necessity for taking up arms in the American
Revolution, as is clearly stated in the Declaration of Independence,
FURTHER, I urge the Legislature to direct 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, I urge this state’s Legislature to direct the Congressional delegation to introduce, support,
and secure the passage of legislation to clearly state 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 execution hereof, a certified copy of
this resolution shall be mailed, via certified mail with a return receipt, to the governor, to each and 11
DOWNLOAD P.C.O.K. RESOLUTIONS HERE: http://TheIntolerableActs.org/
every member of the Legislature of this state, and to each and every member of this state’s
Congressional delegation by [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 the Bill of Rights by authorizing detention 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.
BE IT FURTHER RESOLVED, recognizing my oath-bound duty to defend the Constitution of the
United States and the constitution of this state, as well as recognizing the duty of “We the People” to
protect our unalienable natural rights to “Life, Liberty, and the pursuit of Happiness” as alliterated in
the Declaration of Independence, I, Sheriff _______________________ hereby adopt this resolution.
Signed, this ______ Day of _______________, 2012, by: ________________________
the duly-elected Sheriff of ________________________ County, State of __________________. 12
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NOTES
1. Section 1021(d) CONSTRUCTION is meaningless for two reasons. First, in construing a statute the law gives a
preference to a specific provision over a general provision, especially if they are in apparent conflict. Section 1021(d),
a general limiting provision is in conflict with Section 1021(b)(2) a specific provision which expands the temporal
scope and entities covered. Section1021(b)(2), the specific provision also conflicts with Section 1021(a). The specific
provision stands. Second, the court is required to construe a law so that all its provisions are given some meaning and
that they are all consistent with each other if at all possible. Under this rule, a court would construe the general limiting
provision to read (or mean):
“Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization
for Use of Military Force [unless otherwise expressed herein].”
As (b) (2) is expressed within the law it is consistent with the meaning of the limiting provision of 1021(d).

The courts assume that the laws are written by honest people who are trying to clearly convey their thoughts and
purposes. They do not assume they are written by persons who are trying to trick or deceive the public by chicanery.
2. Section 1021(d) and (e) are meaningless, and or useless, and likely have the opposite effect of what they represented
they were trying to convey.

First, the proponents (Senators John McCain and Lindsey Graham) and the opponents (Senators Feinstein and Durbin)
could not agree on what was the current law. Each side cited the same cases to support their respective positions. One
side or the other was wrong, and as to that side, these provisions do no good.

Note that Section 1021(e) uses the term “capture” in contrast to “arrest.” This clearly indicates the bill anticipates the
use of military custody. Generally, the military only has authority to take a person into “custody” if such person is
subject to the “law of war,” such as a foreign enemy in wartime on a foreign battlefield (or is a member of the U.S.
armed forces).

Also, note the law presumes Congress knows the laws. So like subsection 1021(d), to the extent this provision
specifically changes the “existing law,” that change will very likely stand.

In essence, what the NDAA accomplishes is applying a legal fiction to the United States that it is a “battlefield,” under
the authority of the military, and under the “law of war.” Battlefields are under the authority of the military and under
the “law of war.” As we know, if our house catches fire, the fire department will kick in our door and put out the fire.
Due to the immediate emergency they will not get a court order or even ask your permission. What the NDAA does is
declares everyone’s house is on fire. This is of course unconstitutional.
Even if the United States were a battlefield, such as during “Rebellion or Invasion,” the “law of war” still cannot be
applied to U.S. citizens and lawful resident aliens. The constitutional emergency powers are: calling forth the militia,
suspension of Habeas Corpus by Congress, and jury trial for treason, in accordance with Article III

 

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