muzzled dogg
02-28-2013, 03:06 PM
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STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT establishing the New Hampshire liberty act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings.
I. The legislature finds that the enactment into law by the United States Congress of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012, Public Law Number 112-81, is inimical to the liberty, security, and well-being of the people of New Hampshire, and was adopted by the United States Congress in violation of the limits of federal power in United States Constitution.
II. The legislature finds that, together, Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012, as they purport to authorize (i) detainment of persons captured within the United States of America without charge, (ii) military tribunals for persons captured within the United States of America, and (iii) the transfer of persons captured within the United States of America to foreign jurisdictions, are violative of the following rights enshrined in the Constitution of the United States of America:
(a) Article I, Section 9, Clause 2’s right to seek writ of habeas corpus;
(b) The First Amendment’s right to petition the government for a redress of grievances;
(c) The Fourth Amendment’s right to be free from unreasonable searches and seizures;
(d) The Fifth Amendment’s right to be free from charge for an infamous or capital crime until presentment or indictment by a grand jury;
(e) The Fifth Amendment’s right to be free from deprivation of life, liberty, or property, without due process of law;
(f) 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;
(g) The Sixth Amendment’s right to be informed of the nature and cause of the accusation;
(h) The Sixth Amendment’s right to confront witnesses;
(i) The Sixth Amendment’s right to counsel;
(j) The Eighth Amendment’s right to be free from excessive bail and fines, and cruel and unusual punishment; and
(k) The Fourteenth Amendment’s right to be free from deprivation of life, liberty, or property, without due process of law.
III. The legislature finds that, together, Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012, as they purport to authorize (i) detainment of persons captured within the United States of America without charge, (ii) military tribunals for persons captured within the United States of America, and (iii) the transfer of persons captured within the United States of America to foreign jurisdictions, violate the following Articles of the Constitution of New Hampshire:
(a) Part I, Article 7, which provides: the people of this state have the sole and exclusive right of governing themselves as a free, sovereign, and independent state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in Congress assembled; and
(b) Part I, Article 10, which provides: government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government.
2 New Chapter; New Hampshire Liberty Act. Amend RSA by inserting after chapter 646-A the following new chapter:
CHAPTER 646-B
NEW HAMPSHIRE LIBERTY ACT
646-B:1 Support of National Defense Authorization Act Prohibited.
I. The state of New Hampshire shall not provide material support or participate in any way with the implementation of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 within the boundaries of this state. The department of safety is hereby directed to report to the governor and the legislature any attempt by agencies or agents of the United States government to secure the implementation of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 through the operations of that or any other state department.
II. Any public officer, employee, or agent of the state of New Hampshire, or any employee of a corporation providing services to the state of New Hampshire that enforces or attempts to enforce an act, order, law, statute, rule, or regulation of the government of the United States in violation of paragraph I shall be guilty of a class A misdemeanor.
3 Effective Date. This act shall take effect upon its passage.
http://www.gencourt.state.nh.us/legislation/2013/HB0399.html
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT establishing the New Hampshire liberty act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings.
I. The legislature finds that the enactment into law by the United States Congress of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012, Public Law Number 112-81, is inimical to the liberty, security, and well-being of the people of New Hampshire, and was adopted by the United States Congress in violation of the limits of federal power in United States Constitution.
II. The legislature finds that, together, Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012, as they purport to authorize (i) detainment of persons captured within the United States of America without charge, (ii) military tribunals for persons captured within the United States of America, and (iii) the transfer of persons captured within the United States of America to foreign jurisdictions, are violative of the following rights enshrined in the Constitution of the United States of America:
(a) Article I, Section 9, Clause 2’s right to seek writ of habeas corpus;
(b) The First Amendment’s right to petition the government for a redress of grievances;
(c) The Fourth Amendment’s right to be free from unreasonable searches and seizures;
(d) The Fifth Amendment’s right to be free from charge for an infamous or capital crime until presentment or indictment by a grand jury;
(e) The Fifth Amendment’s right to be free from deprivation of life, liberty, or property, without due process of law;
(f) 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;
(g) The Sixth Amendment’s right to be informed of the nature and cause of the accusation;
(h) The Sixth Amendment’s right to confront witnesses;
(i) The Sixth Amendment’s right to counsel;
(j) The Eighth Amendment’s right to be free from excessive bail and fines, and cruel and unusual punishment; and
(k) The Fourteenth Amendment’s right to be free from deprivation of life, liberty, or property, without due process of law.
III. The legislature finds that, together, Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012, as they purport to authorize (i) detainment of persons captured within the United States of America without charge, (ii) military tribunals for persons captured within the United States of America, and (iii) the transfer of persons captured within the United States of America to foreign jurisdictions, violate the following Articles of the Constitution of New Hampshire:
(a) Part I, Article 7, which provides: the people of this state have the sole and exclusive right of governing themselves as a free, sovereign, and independent state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in Congress assembled; and
(b) Part I, Article 10, which provides: government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government.
2 New Chapter; New Hampshire Liberty Act. Amend RSA by inserting after chapter 646-A the following new chapter:
CHAPTER 646-B
NEW HAMPSHIRE LIBERTY ACT
646-B:1 Support of National Defense Authorization Act Prohibited.
I. The state of New Hampshire shall not provide material support or participate in any way with the implementation of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 within the boundaries of this state. The department of safety is hereby directed to report to the governor and the legislature any attempt by agencies or agents of the United States government to secure the implementation of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 through the operations of that or any other state department.
II. Any public officer, employee, or agent of the state of New Hampshire, or any employee of a corporation providing services to the state of New Hampshire that enforces or attempts to enforce an act, order, law, statute, rule, or regulation of the government of the United States in violation of paragraph I shall be guilty of a class A misdemeanor.
3 Effective Date. This act shall take effect upon its passage.
http://www.gencourt.state.nh.us/legislation/2013/HB0399.html