Posted by Brent Crowder elsewhere: Thanks to the efforts of Frank Turney and Fairbanks Assembly sponsors Natalie Howard and Michael Dukes, the following resolution against Sections 1021 and 1022 of the NDAA passed unanimously. Perhaps, it is time for Governor Parnell to take action at a state level since Murkowski, Begich and Young have failed to object to Sections 1021 and 1022.
FAIRBANKS NORTH STAR BOROUGH
RESOLUTION NO. 2012 – 33
A RESOLUTION AGAINST USE OF ANY BOROUGH RESOURCE TO ASSIST ANY ALASKA OR UNITED STATES AGENCY, TRANSPORTATION SECURITY ADMINISTRATION (TSA), OR MILITARY ARMED FORCE IN IMPLEMENTING SECTIONS 1021 AND 1022 OF THE NATIONAL DEFENSE AUTHORIZATION ACT OF 2012 AGAINST ANY UNITED STATES CITIZEN AND REQUESTING THAT THE ALASKA STATE LEGISLATURE, GOVERNOR OF ALASKA AND CONGRESSIONAL DELEGATION PRESERVE HABEAS CORPUS
WHEREAS, Sections 1021 and 1022 of the National Defense Authorization Act (NDAA) provide that American citizens may be detained indefinitely by our own United States government and/or by our Armed Forces without trial; and
WHEREAS, said sections violate Article I, Section 9, Clause 2 and Article III, Section 2, Clause 3 of the United States Constitution as well as its Fourth, Fifth, Sixth, and Tenth Amendments that recognize fundamental right to habeas corpus, rights of American citizens to remain free from detention without due process, and ensures autonomy of the State of Alaska and the people from federal government over-reach; and
WHEREAS, the detention provisions inappropriately require US military to serve as domestic jailers, a role for which they should neither be trained nor equipped; and
WHEREAS, in accordance with the Alaska State Constitution, Article XII, Section 5, all public officers, before entering upon the duties of their offices, shall take and subscribe oaths to “support and defend the Constitutions of the United States and the State of Alaska.
THEREFORE, BE IT RESOLVED, the Fairbanks North Star Borough Assembly, Alaska declares its belief that sections 1021 and 1022 of the United States National Defense Authorization Act are unconstitutional, and should not be implemented, enforced, or otherwise supported within the boundaries of the Fairbanks North Star Borough.
THEREFORE, BE IT ALSO RESOLVED, the Fairbanks North Star Borough Assembly urges the Alaska State Legislature, Congressional Delegation and the Governor of the State of Alaska to support the proposed legislation, H.R. 3785, to repeal said sections of the NDAA and to declare it null and void from its inception.
THEREFORE, BE IT ALSO RESOLVED, The Fairbanks North Star Borough Assembly recognizes and declares that the state of Alaska is obligated to prohibit any agency, political subdivision, employee, or member of the military within the State of Alaska from participating in or assisting the armed forces of the United States, Homeland Security, TSA, FBI, BATF, or any other agency of either federal or state government in the investigation, prosecution, or detention of a citizen in violation of the United States Constitution, the Constitution of Alaska, or any Alaska law or regulation.
THEREFORE, BE IT FURTHER RESOLVED, that it is the policy of the Fairbanks North Star Borough that it shall not provide material support or participate in the implementation of Sections 1021 and 1022 of the NDAA.
Source: Fairbanks Resists the NDAA