Bill Text: HI HCR115 | 2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Indefinite Military Detention; National Defense Authorization Act; Authorization for Use of Military Force; War; Terrorism

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Passed) 2012-04-27 - (H) Resolution adopted in final form. [HCR115 Detail]

Download: Hawaii-2012-HCR115-Introduced.html

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HOUSE OF REPRESENTATIVES	H.C.R. NO.	115
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

 

urging the united states Congress to repeal the mandatory military detention and indefinite detention provisions of the National Defense Authorization Act For Fiscal Year 2012 and amend the authorization for use of force.

 

 

 

     WHEREAS, the United States Constitution is the foundation of our nation's rights and freedom and the basis of our representative democracy; and

 

WHEREAS, no President has the power to take the United States into war, except, as James Madison wrote, "to repel a sudden attack on the United States"; and

 

WHEREAS, the Authorization for Use of Military Force, Public Law 107-40, approved on September 18, 2001, authorized the President to use all necessary and appropriate force against the nations, organizations, or persons the President determines planned, authorized, committed, or aided the terrorist attacks of September 11, 2001; and

 

     WHEREAS, the National Defense Authorization Act for Fiscal Year 2012, Public Law 112-81, which was signed into law by President Obama on December 31, 2011, affirmed the President's authority under the Authorization for Use of Military Force and, for the first time in United States history, codified the authority of the United States armed forces to impose indefinite military detention of individuals captured off of any battlefield; and

 

WHEREAS, any law authorizing indefinite military detention of any person in the United States, without charge or trial, violates the Fifth Amendment, the Sixth Amendment, and Article III of the United States Constitution and corrodes the United States' commitment to the rule of law, which generations have fought and died to preserve; and

 

     WHEREAS, the Posse Comitatus Act, 18 United States Code section 1385, prohibits the use of the United States military to execute the law without express constitutional authority or an act of Congress; and

 

WHEREAS, there is substantial public debate and uncertainty whether sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 may be interpreted to possibly repeal the Posse Comitatus Act, thus authorizing indefinite military detention within the United States, without charge or trial, of legal permanent residents and others residing in the United States; now, therefore,

 

BE IT RESOLVED by the House of Representatives of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2012, the Senate concurring, that the United States Congress is urged to restore the system of checks and balances in the United States by repealing sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012; and

 

BE IT FURTHER RESOLVED, that the United States Congress is urged to amend the Authorization for Use of Military Force and the National Defense Authorization Act for Fiscal Year 2012 to:

 

     (1)  Prevent the armed forces of the United States from investigating, arresting, detaining, or trying any person within the United States;

 

     (2)  Prevent the armed forces from militarily detaining, without charge or trial, any civilian captured off of any battlefield;

 

     (3)  Recognize that Congress retains the authority to declare war and authorize the use of military force, consistent with Article I of the United States Constitution; and

 

     (4)  Recognize that the President retains the authority under Article II of the United States Constitution to deploy the United States military to repel a sudden attack on the United States, its territories or possessions, or its military; and

 

BE IT FURTHER RESOLVED, that the United States Congress is requested to amend the Authorization for Use of Military Force to expire upon the end of the current combat operations in Afghanistan; and

 

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the United States, the Majority Leader of the United States Senate, the Speaker of the United States House of Representatives, the United States Attorney General, the United States Secretary of Defense, the Chair of the United States Senate Committee on the Judiciary, the Chair of the United States Senate Select Committee on Intelligence, the Chair of the United States House of Representatives Committee on the Judiciary, the Chair of the United States House of Representatives Permanent Select Committee on Intelligence, and the members of Hawaii's congressional delegation.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Indefinite Military Detention; National Defense Authorization Act; Authorization for Use of Military Force; War; Terrorism