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.

We, the people

On this 4th of July, let's take a moment to reflect on the words that formed our government.



You may recall that the US Constitution begins

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

http://billofrightsinstitute.org/founding-documents/constitution/

What does the Constitution of the Commonwealth of Massachusetts say? In the third paragraph, you'll recognize the key phrase but pay attention to the first two paragraphs!

The end of the institution, maintenance, and administration of government, is to secure the existence of the body politic, to protect it, and to furnish the individuals who compose it with the power of enjoying in safety and tranquility their natural rights, and the blessings of life: and whenever these great objects are not obtained, the people have a right to alter the government, and to take measures necessary for their safety, prosperity and happiness. 

The body politic is formed by a voluntary association of individuals: it is a social compact, by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good. It is the duty of the people, therefore, in framing a constitution of government, to provide for an equitable mode of making laws, as well as for an impartial interpretation, and a faithful execution of them; that every man may, at all times, find his security in them. 

We, therefore, the people of Massachusetts, acknowledging, with grateful hearts, the goodness of the great Legislator of the universe, in affording us, in the course of His providence, an opportunity, deliberately and peaceably, without fraud, violence or surprise, of entering into an original, explicit, and solemn compact with each other; and of forming a new constitution of civil government, for ourselves and posterity; and devoutly imploring His direction in so interesting a design, do agree upon, ordain and establish the following Declaration of Rights, and Frame of Government, as the Constitution of the Commonwealth of Massachusetts.

http://www.malegislature.gov/Laws/Constitution

And of course, the Franklin Charter, by which we are empowered to govern ourselves begins:

We, the people of the Town of Franklin, Massachusetts, in order to form a more perfect community, reaffirm the customary and traditional liberties of the people with respect to the conduct of our local government and take fullest advantage of the Home Rule Amendment to the Constitution of the Commonwealth, do ordain and adopt this Home Rule Charter for our Town.

http://franklinma.virtualtownhall.net/Pages/FranklinMA_TownCharter/towncharter.pdf


Parts of this was originally posted to Franklin Matters Weekly
http://franklinmattersweekly.blogspot.com/2012/05/week-ending-may-20-2012.html

and Steve's 2 Cents
http://steves2cents.blogspot.com/2012/05/we-people.html