Proposed Resolution: RESTORING CONSTITUTIONAL GOVERNANCE RESOLUTION OF FRANKLIN, MA

As mentioned during the citizens comment for the Town Council meeting, this is a draft of what Rich Aucoin discussed:



RESTORING CONSTITUTIONAL GOVERNANCE RESOLUTION OF FRANKLIN, MASSACHUSETTS

WHEREAS, the Town of Franklin, Massachusetts is not a “battlefield” subject to the “laws of war;” and

WHEREAS, Federal Judge Katherine Forrest has ruled Section 1021 of the 2012 NDAA unconstitutional;

WHEREAS, the U.S. Supreme Court has ruled that neither Congress nor the President can Constitutionally authorize the detention and/or disposition of any person in the United States, or citizen of the United States “under the law of war” who is not serving “in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;” and

WHEREAS, for the purposes of this resolution, the terms “arrest,” “capture,” “detention under the law of war,” “disposition under the law of war,” and “law of war” are used in the same sense and shall have the same meaning as such terms have in the 2012 NDAA, Section 1021(c); and therefore

BE IT RESOLVED, that notwithstanding any treaty, federal, state, or local law or authority, enacted or claimed, including, but not limited to, an authorization for use of military force, national defense authorization act, or any similar law or authority enacted or claimed by Congress or the Office of the President directed at any person in the Town of Franklin, who is not serving “in the land or naval forces, or in the Militia, when in actual service in time of War or public danger,” it is unconstitutional, and therefore unlawful for any person to:

a. arrest or capture any person in Franklin, or citizen of Franklin, within the United States, with the intent of “detention under the law of war,” or

b. actually subject a person in Franklin, to “disposition under the law of war,” or 
c. subject any person to targeted killing in Franklin, or citizen of Franklin within the United States; and be it further

RESOLVED, that the Town of Franklin requests the Massachusetts State Legislature recognize the duty of the Commonwealth of Massachusetts to interpose itself between unconstitutional usurpations by the federal government or its agents and the inhabitants of this Commonwealth, as well as the duty to defend the unalienable natural rights of the people, all of which is consistent with our oaths to defend the Constitution of the United States and the Constitution of the Commonwealth of Massachusetts against all enemies, foreign and domestic; and be it further

RESOLVED, that the Town of Franklin, requests our Congressional delegation commence immediately with renewed efforts to repeal the unconstitutional sections of the NDAA, towit,

sections 1021 and 1022, and any other section or provision which will have the same or substantially the same effect on any person in the United States not serving “in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;” and be it finally

RESOLVED, that the Town of Franklin requests our Congressional delegation to introduce, support, and secure the passage of legislation which clearly states that Congress not only does not authorize, but in fact prohibits the use of military force, military detention, military trial, extraordinary rendition, or any other power of the “law of war” against any person in the United States not serving “in the land or naval forces, or in the Militia, when in actual service in time of War or public danger.”

Recognizing our duty to defend the Constitutions of the United States and the Commonwealth of Massachusetts, as well as recognizing the duty of the people to protect our unalienable natural rights to “life, liberty, and the pursuit of happiness” as articulated in the Declaration of Independence, we, the Town Council of the Town of Franklin, Massachusetts, do hereby adopt this resolution.