Ask Bowling Green City Council to Take Action on NDAA
Sign the petition to tell the Bowling Green, OH City Council to adopt our anti-NDAA bill, and say it will stand up for the bill of rights that our country was founded on!
It was Benjamin Franklin that once said, “He who would trade liberty for some temporary security, deserves neither liberty nor security.”
Many have never heard of the National Defense Authorization Act, or NDAA.
As you probably already know, a defense authorization act usually just funds the military for the current fiscal year.
The law now allows for the indefinite detention of American Citizens.
Everyone from Amnesty International, a leading human rights group, to Judge Napolitano on Fox Business has condemned this bill. In a New York Times op-ed on December 12, 2011, Two retired four Star marine generals, CHARLES C. KRULAK and JOSEPH P. HOAR called for Obama to veto the NDAA, stating that if it passed with the new provisions “Due process would be a thing of the past.” Further stating that the NDAA “would sideline the work of the F.B.I. and local law enforcement agencies in domestic counterterrorism. These agencies have collected invaluable intelligence because the criminal justice system — unlike indefinite military detention — gives suspects incentives to cooperate.”
Even with these amazingly extreme provisions in Sections 1021 and 1022 of the NDAA, it passed with a 93-7 vote in the U.S. Senate and a 283-136 vote in the house. And then was signed by our president on New Year’s Eve. An absolutely fantastic way to bring in the New Year.
PANDA (People Against National Defense Act), Ohio Oathkeepers, the Tenth Amendment Center in Florida, the Rhode Island Liberty Coalition and I believe that fighting this type of bill starts as a grassroots fight in the cities and counties around the nation. In fact, El Dorado County in Colorado has realized this as well and already passed a “Due Process Guarantee” resolution, to stop this encroach on our freedoms in America. This has to start somewhere.
So what is our request? As citizens of the United States of America, we ask you to send this letter to Bowling Green, OH city council, saying that the council should vote for a resolution to repeal the NDAA. We ask you to stand with us and say citizens of Bowling Green should not be arrested without charge or trial, without due process, and held indefinitely. Also, an optional part to this resolution would allow this council to take an active part in keeping the bill of rights intact by making it illegal for a member of the U.S. Armed Forces to investigate or detain any U.S. citizen or lawful resident alien in Bowling Green. And disallowing any Bowling Green city employee to assist the any U.S. Armed Forces member in an investigation or detainment of any U.S. citizen or lawful resident alien in that jurisdiction.
Now, usually federal laws supersede state and city laws according to the Supremacy Clause of the U.S. constitution. However, it is several constitutional lawyers’ opinion that one cannot ignore the Due Process clause, then turn around and cite the Supremacy clause from the same document in the same breath. That would be the ultimate in hypocrisy.
Blake Phillipi, a constitutional lawyer from the Rhode Island Liberty Coalition, wrote the draft for this resolution. Martin Slavens, our constitutional law professor on-campus in BGSU, modified the draft to reflect the gross breaches of the Ohio Constitution, not just the U.S. Constitution.
All we are asking is that one of our council members will agree to introduce this resolution. Please join us in requesting that they vote YES on this resolution.
We have to start somewhere. If the movement is successful in Bowling Green, it may be even more so in other places.
Contact me with any questions: NullifyNDAA@gmail.com
I am writing you today to express my support for the resolution that was introduced to city council by a group of BGSU students on February 7th.
I am concerned that the council believes that it is not within it's power to pass such legislation.
The question of why local governments should respond to the 2012 NDAA has been raised numerous times, and justifiably so. Why shouldn’t it be the state legislatures or Congress that responds? The simple answer is that you have also taken an oath to defend the Ohio and United States Constitutions. Local governments, your Council, have the power to defend our liberties from unconstitutional anti-liberty acts by the Federal Government, and thus ought to, regardless of other legislative bodies’ actions or inaction.
The 2012 NDAA offends our most basic rights and American traditions. It repeals the doctrine of Posse Comitatus by allowing the military to exercise a policing function within the United States. Most troubling, Section 1021 of the 2012 NDAA purports to authorize the President to designate as an enemy combatant any U.S. citizen or legal resident alien found within the United States that the President determines “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.” Those covered by section 1021 are unclear and it is subject to abuse because it is not limited to individuals directly responsible for terrorism or belligerent acts; it applies to vague ‘substantial support’ for undefined ‘associated forces.’ Importantly, Section 1021 of the 2012 NDAA does not exclude United States citizens and lawful aliens from its provisions as do other sections of the 2012 NDAA.
The 2012 NDAA does not even provide the citizen or legal resident alien a forum to contest the President’s determination of enemy combatant status. Section 1021 then purports to authorize the President to utilize the military to detain and dispose of those U.S. citizens and legal resident aliens according to the Law of War, including: (1) indefinite detention without charge or trial until the end of hostilities, (2) prosecution through a Military Commission, or (3) transfer to a foreign country or foreign entity. The President essentially has the triumvirate power -- one never intended by our founders -- to draw the line of acceptable conduct, unilaterally determine who has crossed that line without judicial review, and then determine that person’s fate. Indefinite military detention without charge or trial, military tribunals, and the transfer to a foreign jurisdiction of U.S. citizens and legal resident aliens subverts civil authority to the military and defies the most fundamental liberties and Due Process forged in the Ohio Constitution and the following sections of the United States Constitution;
Article I Section 9, Clause 2’s right to seek Writ of Habeas Corpus;
Article III Section III's requirement that treason be proven by two witnesses to the same act;
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 and the right to be 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 right to be informed of the nature and cause of the accusation, the right to confront witnesses, and the right to Counsel;
The Eighth Amendment’s right to be free from excessive bail, fines, and cruel and unusual punishment; and
The Fourteenth Amendment’s right to be free from deprivation of life, liberty, or property, without Due Process of law.
While terrorism is real, winning the war against terror cannot come at the great expense of mitigating fundamental Constitutional rights. Undermining our Constitution serves only to concede to the terrorists’ desire to change the fabric of what made the United States a country of freedom, liberty and opportunity.
You have taken an oath -- as have all politicians, active and retired military, police, fire men and women, attorneys, and numerous other citizens and immigrants alike -- to uphold the Constitutions of Ohio and the United States. Moreover, it is incumbent upon all persons who believe in the rule of law and our Constitutional ideals to oppose any law or act that purports to deny our fundamental liberties and Due Process. That we have a Congress and President professing the authority to legislatively usurp our intrinsic rights enshrined in the Constitution demands an immediate response from all Americans, especially our local and state leaders.
Please stand up for our liberties against this Federal evisceration of our most cherished and fundamental rights by passing this legislation.