2012 -- H 7916 SUBSTITUTE A

=======

LC01308/SUB A/3

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

H O U S E R E S O L U T I O N

TO PRESERVE HABEAS CORPUS AND CIVIL LIBERTIES OF THE CITIZENS OF RHODE

ISLAND

     Introduced By: Representatives Gordon, Savage, Hull, Carnevale, and Lally

     Date Introduced: March 07, 2012

     Referred To: House Judiciary

1-1

     WHEREAS, The Constitution of the United States is the foundation of our nation’s rights

1-2

and freedom, and the basis of our representative democracy; and

1-3

     WHEREAS, For the first time in our nation’s history, the National Defense Authorization

1-4

Act for Fiscal Year 2012 (Public Law 112-81) codifies indefinite military detention without

1-5

charge or trial of civilians captured far from any battlefield, violating the Constitution and

1-6

corroding our nation’s commitment to the rule of law, which generations have fought to preserve;

1-7

and

1-8

     WHEREAS, There is substantial public debate and uncertainty whether Sections 1021

1-9

and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81)

1-10

could be read to repeal the Posse Comitatus Act and authorize indefinite military detention

1-11

without charge or trial within the United States of U.S. citizens, in addition to legal permanent

1-12

residents and others; and

1-13

     WHEREAS, The indefinite military detention of any person in the United States without

1-14

charge or trial violates Article III and the 5th and 6th Amendments of the Constitution of the

1-15

United States; and

1-16

     WHEREAS, The provisions of the National Defense Authorization Act for Fiscal Year

1-17

2012 (Public Law 112-81) authorizing the indefinite military detention of civilians captured

1-18

abroad far from any battlefield violate the laws of war by which the United States is bound and

1-19

which it helped to establish, and harm our nation’s reputation for upholding the rule of law and

1-20

democratic values, as these civilians should be prosecuted in our federal courts if there is

2-1

evidence of wrongdoing, not detained without charge or trial; and

2-2

     WHEREAS, No president has the power to take the country into war, except as James

2-3

Madison wrote, “to repel a sudden attack on the United States,” as it is Congress’s power to

2-4

decide whether and when to use military power; and

2-5

     WHEREAS, Our system of checks and balances should be restored by making sure that

2-6

the 2001 Authorization for Use of Military Force cannot be used for endless war and endless

2-7

indefinite detention without charge or trial, but instead should expire as soon as United States

2-8

combat operations in Afghanistan end; now, therefore be it

2-9

     RESOLVED, That this House of Representatives of the State of Rhode Island and

2-10

Providence Plantations hereby calls upon Congress to repeal Sections 1021 and 1022 of the

2-11

National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81); and be it further

2-12

     RESOLVED, That it is the view of this House of Representatives of the State of Rhode

2-13

Island and Providence Plantations that the National Defense Authorization Act and the

2-14

Authorization for Use of Military Force (Public Law 107-40) do not now, and should never,

2-15

authorize the Armed Forces of the United States to investigate, arrest, detain, or try any person

2-16

within the United States, or to militarily detain without charge or trial civilians not captured on

2-17

any battlefield; and be it further

2-18

     RESOLVED, That the Secretary of State be and he hereby is authorized and directed to

2-19

transmit duly certified copies of this resolution to the members of the Rhode Island Congressional

2-20

Delegation, the United States Senate Committee on the Judiciary, the United States Senate Select

2-21

Committee on Intelligence, the United States House of Representatives Committee on the

2-22

Judiciary, the United States House of Representatives Permanent Select Committee on

2-23

Intelligence, the United States Attorney General, and the President of the United States.

=======

LC01308/SUB A/3

=======