The National Defense Authorization Act of 2011....

I sent the following resolution to my state legislators urging them to instruct our congressional representatives to remove section 1031, giving the President unconstitutional, unlimited power to detain American citizens indefinitely, without charges or trial, from the NDAA of 2011.

I urge you to do the same.

RESOLUTION

WHEREAS on Wednesday, March fourth, 1789, "THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added...", and

WHEREAS "...the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution...", and

WHEREAS said amendments were ratified by the legislatures of the several states December 15, 1791, and

WHEREAS the Fourth Amendment of the Constitution of the United States guarantees the citizens thereof that "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...", and

WHEREAS the Fifth Amendment of the Constitution of the Untied States guarantees the citizens thereof the right to due process, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.... 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;" and

WHEREAS the Sixth Amendment of the Constitution of the Untied States guarantees the citizens thereof that, "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; 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 defence....", let it be

RESOLVED that the Legislature of the Great State of Michigan does hereby recognize and declare that section 1031 of S. 1867, the United States Senate's National Defense Authorization Act of 2011, authorizing the President of the United States to send the military anywhere in the world to imprison civilians, including citizens of the United States, indefinitely without charge or trial based on suspicion alone is a fundamental violation of the rights embodied in the first amendments to the Constitution that were demanded by the conventions of the States as necessary to prevent the federal government from abusing its enumerated powers, and does hereby call on the duly elected representatives of the Great State of Michigan to the United States Senate and the United States House of Representatives to vigorously pursue such actions as shall be necessary to remove section 1031 from S. 1867.