HP0747, LD 1054, item 1, An Act To Prohibit Enforcement by a Federal or State Official or Others of the National Defense Authorization Act For Fiscal Year 2012

An Act To Prohibit Enforcement by a Federal or State Official or Others of the National Defense Authorization Act For Fiscal Year 2012

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 37-B MRSA c. 27 is enacted to read:

CHAPTER 27

PROHIBITION AGAINST ENFORCEMENT OF THE NATIONAL DEFENSE AUTHORIZATION ACT

§ 1171. Findings

The Legislature finds that:

1. Tenth Amendment. The United States Constitution, Amendment X declares that the powers not delegated to the Federal Government by the United States Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people;

2. Supremacy clause. The United States Constitution, Article VI, Paragraph 2 declares that the laws of the United States are the supreme law of the land if they are made in pursuance of the powers delegated to the Federal Government in the United States Constitution;

3. Habeas corpus. The United States Constitution, Article 1, Section 9, Paragraph 2 declares that the writ of habeas corpus shall not be suspended except in cases of rebellion or invasion when public safety may require suspension;

4. Right to trial. The United States Constitution, Amendment VI declares that in criminal prosecutions the accused has the right to a speedy trial by an impartial jury in the state or district where the crime was committed, to be informed of the nature and cause of the accusation, to be confronted with the witnesses and to have assistance of counsel;

5. Due process of law. The United States Constitution, Amendments V and XIV declare that the people may not be deprived of life, liberty or property without due process of law;

6. National Defense Authorization Act unconstitutional. The National Defense Authorization Act For Fiscal Year 2012, Public Law 112-81, authorizing the President of the United States to arrest and detain noncitizens indefinitely without trial, to determine whether or not a trial and what type of trial, including under the law of war, will be held for an arrestee and to transfer an arrestee to a foreign jurisdiction, violates the true meaning and intent of the United States Constitution as specified in subsections 3 to 5; and

7. Duty of Legislature. It is the duty of the Legislature to enact all measures that may be necessary to prevent the enforcement of any law or provision that violates the constitutional rights of a person within the boundaries of the State.

§ 1172. Prohibition and reporting

1. National Defense Authorization Act activities prohibited. An activity authorized by the National Defense Authorization Act For Fiscal Year 2012, Public Law 112-81, listed in section 1171, subsection 6, is prohibited within the boundaries of the State.

2. State may not support. The State may not provide material support to or participate in the implementation of the National Defense Authorization Act For Fiscal Year 2012, Public Law 112-81.

3. Department of Public Safety to report. The Department of Public Safety shall report to the Governor and Legislature any attempt by an agency or agent of the Federal Government to implement the National Defense Authorization Act For Fiscal Year 2012, Public Law 112-81 through the operation of any state department or agency.

4. Violation by federal official. An official, agent or employee of the Federal Government or an employee of a corporation providing services to the Federal Government who enforces or attempts to enforce the National Defense Authorization Act For Fiscal Year 2012, Public Law 112-81 or any order, law, statute, rule or regulation of the Federal Government made in connection with the Act is guilty of a Class E crime.

5. Violation by state official. An official, agent or employee of the State or an employee of a corporation providing services to State Government who enforces or attempts to enforce the National Defense Authorization Act For Fiscal Year 2012, Public Law 112-81 or any order, law, statute, rule or regulation of the Federal Government made in connection with the Act is guilty of a Class D crime.

summary

This bill expresses the findings of the Legislature that the National Defense Authorization Act For Fiscal Year 2012, authorizing the President of the United States to arrest, detain without charge, detain indefinitely, try under the laws of war or transfer to a foreign jurisdiction a noncitizen, violates the Constitution of the United States. This bill:

1. Prohibits within the State the activities authorized by the Act that the Legislature finds unconstitutional;

2. Prohibits the State from providing material support to or participating in the implementation of provisions of the Act that the Legislature finds unconstitutional;

3. Requires the Department of Public Safety to report to the Governor and Legislature any attempt by an agency or agent of the Federal Government to implement the Act through the operation of any state department or agency;

4. Makes a federal official or employee of a corporation doing business with the Federal Government who enforces or attempts to enforce the unconstitutional provisions of the Act guilty of a Class E crime; and

5. Makes a state official or employee of a corporation doing business with the State who enforces or attempts to enforce the unconstitutional provisions of the Act guilty of a Class D crime.

HP0747 LD 1054	Session - 126th Maine Legislature		LR 322 Item 1
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