Tag Archives: North Carolina General Assembly

Joe Wolverton, II ~ North Carolina Legislature Considers Anti-NDAA Resolution

The New American | May 19 2012

Considering it a crime to not report treason when one witnesses it, earlier this week, a bill was introduced to the North Carolina General Assembly that would declare the National Defense Authorization Act unconstitutional and treasonous.

The resolution’s primary sponsors are State Representatives Glen Bradley and Larry Pittman and their bill was referred on Thursday to the Rules Committee of the North Carolina House of Representatives.

In the text of the measure the NDAA is accurately described as “repugnant to, and destructive of, the Bill of Rights of the United States and the constitutions of the United States and the State of North.” In response to this constitutional insult, the North Carolina bill expresses:

OPPOSITION TO THE PROVISIONS IN THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012 THAT AUTHORIZE, IN DIRECT VIOLATION OF THE UNITED STATES CONSTITUTION AND THE CONSTITUTION OF NORTH CAROLINA, MILITARY DETENTION AND TRIAL OF UNITED STATES CITIZENS AND LAWFUL RESIDENTS OF THE UNITED STATES.

Expressly cited in the resolution are Articles I, Section 9 (habeas corpus guarantee); Article III, Section 2 (right to a trial by jury); and Article III, Section 3 (the definition of treason). Each of these critical clauses of the Constitution are said to be violated by the NDAA, according to the bill’s authors.

Specifically targeted in H.R. 982 is Section 1021 of the NDAA. Section 1021 places the American military at the disposal of the President for the apprehension, arrest, and detention of those suspected of posing a danger to the homeland (whether inside or outside the borders of the United States and whether the suspect be a citizen or foreigner).

Furthermore, a key component of the NDAA mandates a frightening grant of immense and unconstitutional power to the executive branch.

Moreover, under the provisions of Section 1021, the President is afforded the absolute power to arrest and detain citizens of the United States without their being informed of any criminal charges, without a trial on the merits of those charges, and without a scintilla of the due process safeguards protected by the Constitution of the United States.

Beyond that, in order to execute the provisions of Section 1021 described in the previous paragraph, subsequent clauses (Section 1022, for example) unlawfully give the President the absolute and unquestionable authority to deploy the armed forces of the United States to apprehend and to indefinitely detain those suspected of threatening the security of the “homeland.” In the language of this legislation, these people are called “covered persons.”

The universe of potential “covered persons” includes every citizen of the United States of America. Any American could one day find himself or herself branded a “belligerent” and thus subject to the complete confiscation of his or her constitutional civil liberties and nearly never-ending incarceration in a military prison.

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