NDAA Resolution for the North Carolina Democratic Party | Eastern North Carolina Now

   Publisher's note: We are always interested in what our friend Jeff Lewis, Patriot Coalition National Director, is up to. Good luck with the Democrats.

    From: Patriot Coalition National Director Jeff Lewis & Oath Keepers founder Stewart Rhodes.

    The below draft resolution was prepared by Mr. Stewart Rhodes, Founder of Oath Keepers (oathkeepers.org) a Yale Law Graduate who specializes in the application of military law to civilians, and Mr. Richard D. Fry, a constitutional law attorney and General Counsel for Patriot Coalition (patriotcoalition.com), and Patriot Coalition National Director Jeff Lewis. Legislators who choose to endorse or adopt this (Patriot Coalition / Oath Keepers) "P.C./O.K. NDAA RESOLUTION" are requested to notify Stewart and Richard of your intent, and to identify it as such in any accompanying public statements or press releases.

    We have also prepared a tutorial video which explains, clause by clause, the contents of this resolution, which can be viewed at the Patriot Coalition's Livestream Channel here: http://livestream.com/WRCG. (See: NDAA State Resolution)

    If you have any questions, Stewart Rhodes can be reached at 702-353-0627 or by email at stewart.rhodes@oathkeepers.org, and Richard D. Fry can be reached at 816-853-8718 or by email at richard@patriotcoalition.com. Stewart and/or Richard would be happy to join you by telephone or by Skype. Jeff Lewis can be reached at: 252-876-9489, or by email at: Jeff@patriotcoalition.com.



    "...I am committed against every thing which, in my judgment, may weaken, endanger, or destroy [the Constitution]... and especially against all extension of Executive power; and I am committed against any attempt to rule the free people of this country by the power and the patronage of the Government itself..." -Daniel Webster

    Note: Patriot Coalition and Oath Keepers are non-partisan. Send inquiries to: solutions@TheIntolerableActs.org

Resolution of the North Carolina Democratic Party

   Standing in Opposition to Provisions to on the National Defense Authorization Act for Fiscal Year 2012 Which Authorize millitary Detention and Trial of U.S. Citizens and Lawful Residents in Direct Violation of the United States Constitution and the Constitution and Declaration Of Rights of the State Of North Carolina.

    WHEREAS, "The 2008 Democratic National Platform," Section IV states:

    • "As we combat terrorism, we must not sacrifice the American values we are fighting to protect. In recent years, we've seen an Administration put forward a false choice between the liberties we cherish and the security we demand. The Democratic Party rejects this dichotomy."

    • "We reject torture."

    • "We reject sweeping claims of "inherent" presidential power."

    • "We will revisit the Patriot Act and overturn unconstitutional executive decisions..."

    • "We will not use signing statements to nullify or undermine duly enacted law."

    • "We will provide our intelligence and law enforcement agencies with the tools to hunt down and take out terrorists without undermining our Constitution, our freedom, and our privacy."

    • "We will not ship away prisoners in the dead of night to be tortured in far off countries, or detain without trial or charge prisoners who can and should be brought to justice for their crimes, or maintain a network of secret prisons to jail people beyond the reach of the law."

    • "We will respect the time-honored principle of habeas corpus, the seven century-old right of individuals to challenge the terms of their own detention that was recently reaffirmed by our Supreme Court."

    • "We recognize what leaders on the front lines of the struggle against terrorism have long known: to win this fight, we must maintain the moral high ground."

    • "Our Constitution is not a nuisance."

    • "The Democratic Party will restore our Constitution to its proper place in our government and return our Nation to our best traditions-including our commitment to government by law."

    WHEREAS, "The 2008-2009 North Carolina Democratic Party Platform" states:

    • "This Party fully supports the sanctity of the Bill of Rights..."

    • "We support the fundamental rights to freedom of speech, freedom of religion, freedom of association and assembly and the right not to be deprived of life, liberty, or property without due process of law. We oppose efforts to limit or eliminate these fundamental constitutional rights. We believe that all persons should have access to our courts."


    • "We affirm efforts to defend our nation and State against terrorism and ensure that national security can and should be undertaken while preserving the civil rights and liberties of North Carolina residents."

    WHEREAS, the 2012 NDAA contains numerous provisions repugnant to, and destructive of, the constitution and Bill of Rights of the United States of America, and of this state.

    WHEREAS, the United States Constitution and the constitution of this state are infringed and/or usurped by provisions in the NDAA which authorize the application of military force (including assassination), indefinite military detention without trial and allows military trial and rendition to foreign countries and entities, upon any person, including American citizens and lawful resident aliens, at the discretion of the President.

    WHEREAS, the support in any way of a law considered unconstitutional is inconsistent with any public servant's oath to support the U.S. Constitution.

    WHEREAS, the citizens of this state are entitled to protection under the Constitution of the United States, anywhere in the world.

    WHEREAS, a federal judge has ruled that section 1021 of the 2012 NDAA is unconstitutional.

    WHEREAS, the United States is not a "battlefield," and even if it were, the Constitution does not grant the federal government the authority to suspend the Constitution and Bill of Rights.

    WHEREAS, despite the 2012 North Carolina GOP Convention rejection of a similar NDAA resolution and Republicans blocking a vote on H.R. 982 in the N.C. General Assembly, we must stand firm in our defense of the Constitution and Bill of Rights.

    THEREFORE, it is resolved that the North Carolina Democratic Party rejects all unconstitutional parts of the NDAA for Fiscal Year 2012 (NDAA), and in particular, regarding this resolution, sections 1021 and 1022, and demands the Legislature and governor of this state by resolution direct this state's Congressional delegation to immediately commence efforts to repeal aforementioned sections, which are repugnant to the sovereign rights of the citizens of this state and are usurpations of authority by the federal government.

    BE IT FURTHER RESOLVED, the Legislature and Governor of this state are directed, in pursuance of their oaths of office, and their duty to protect the Constitution, to enact laws prohibiting any official, employee, agent, or citizen of this state, or any other person, or of any of its subdivisions, from aiding, abetting, assisting, enforcing, or in any way supporting any official, employee, or agent of the United States Government, including any of its military forces or paramilitary forces under its direction or control, from enforcing or applying sections 1021 and 1022 of the NDAA, or any part thereof, against any person within this state, including citizens and lawful resident aliens, including by "capturing" or "arresting" such individuals, and establishing that all who violate such law be subject to criminal penalties,

    BE IT FURTHER RESOLVED, the Legislature and Governor of this state are directed, in pursuance of their oaths of office, and their duty to protect the Constitution, to enact laws prohibiting any official, employee, or agent of the United States Government, including any of its military forces or paramilitary forces under its direction or control, or that of any foreign military or foreign entity from enforcing or applying sections 1021 and 1022 of the NDAA, or any part thereof, against any person within this state including citizens and lawful resident aliens, including by "capturing" or "arresting" such individuals, and establishing that all who violate such laws be subject to criminal penalties.

    References and Source Documents

    North Carolina Democratic Party Platform http://ncdems.3cdn.net/025e14b7537f7899d4_pzm6bx8ko.pdf

    P.C.O.K. NDAA RESOLUTION FOR NORTH CAROLINA LEGISLATORS http://patriotcoalition.com/docs/NDAA-NC-RES.pdf

    P.C.O.K. (FULL VERSION) NDAA SHERIFF RESOLUTION http://oathkeepers.org/oath/ndaa/ndaa-docs/NDAA-SHERIFF-RES.PDF

    P.C.O.K. (SHORT VERSION) NDAA SHERIFF RESOLUTION http://oathkeepers.org/oath/ndaa/ndaa-docs/NDAA-SHERIFF-SRES.PDF

    HR1540 Conference Report as Approved by the United States Congress http://www.gpo.gov/fdsys/pkg/CREC-2011-12-12/pdf/CREC-2011-12-12-pt1-PgH8356-5.pdf Alternate source: http://patriotcoalition.com/docs/HR1540conf.pdf

    Authorization of Use of Military Force (See bottom of page 6 for final version as signed into law.) http://patriotcoalition.com/docs/Authorization-of-Use-of-Military-Force.pdf

    President Obama's Signing Statement: Dec. 31, 2011 http://www.whitehouse.gov/the-press-office/2011/12/31/statement-president-hr-1540

    Declaration of Independence: (See Freedom Documents tab) http://nccs.net/freedom_defined/index.htm?const.html&2

    Constitution of the United States of America: (See Freedom Documents tab) http://www.nccs.net/freedom_defined/index.htm?const.html&2

    Constitution of the Great State of North Carolina http://patriotcoalition.com/docs/NC-Constitution.pdf

    House Voting Record for final version of 2012 NADA http://clerk.house.gov/evs/2011/roll932.xml

    Senate Voting Record for final version of 2012 NADA http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=112&session=1&vote=00230

    2012 NDAA, SECTIONS: 1021, 1022,1023 http://patriotcoalition.com/docs/NDAA FOR FISCAL YEAR 2012 (1021-1022-1023).doc

    Video explanation of state resolution by Patriot Coalition general counsel Richard D. Fry http://livestream.com/WRCG (See: NDAA State Resolution)

    H.R. 982, A RESOLUTION IN OPPOSITION TO UNCONSTITUTIONAL PROVISIONS IN 2012 NDAA http://theintolerableacts.org/docs/H982v0-NDAA.pdf