Bill Text: MN SF2981 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Minnesota residents freedom from loss of disposition under the law of war authorization
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-05-09 - Referred to Judiciary [SF2981 Detail]
Download: Minnesota-2013-SF2981-Introduced.html
1.2relating to civil law; specifying state policy related to the National Defense
1.3Authorization Act for Fiscal Year 2012 and all other similar legislation; providing
1.4for freedom of persons within the boundaries of the state of Minnesota from
1.5disposition under the law of war; providing for criminal penalties;proposing
1.6coding for new law in Minnesota Statutes, chapter 1.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. [1.231] FREEDOM FROM LOSS OF RIGHTS UNDER THE LAW
1.9OF WAR.
1.10 Subdivision 1. Limits on federal power; state rights. As the United States
1.11Constitution provides that the federal government is exclusively authorized to exercise
1.12those powers specifically enumerated in the Constitution; and, as stated in its amendments
1.13IX and X, all other rights and powers are reserved to the various states and to citizens of
1.14these states: it is necessary that the states, including Minnesota, identify and lawfully
1.15oppose instances in which the federal government has assumed powers not enumerated
1.16to it by the Constitution.
1.17 Subd. 2. Findings. (a) Section 1021 of the National Defense Authorization Act for
1.18Fiscal Year 2012 grants the President of the United States authority both to arrest and to
1.19determine if a trial will be held for suspected terrorists.
1.20(b) Section 1022 of the National Defense Authorization Act for Fiscal Year 2012
1.21authorizes military detention without trial of citizens of the United States.
1.22(c) Historically, other claimed authorities, including Presidential Executive Order
1.239066 in 1942, terminated by Presidential Proclamation 2714 in 1946, with the termination
1.24confirmed by Presidential Proclamation 4417 in 1976, authorized the internment of
1.25persons living within the United States based upon the person's race.
2.1(d) United States Constitution, amendment IV, provides that the right of the people
2.2to be secure in the persons, houses, papers, and effects against unreasonable searches
2.3and seizures shall not be violated.
2.4(e) United States Constitution, amendment V, provides that the people have a right to
2.5be free from deprivation of life, liberty, or property without due process of law.
2.6(f) United States Constitution, amendment VI, provides that the people have a right
2.7in criminal prosecutions to a speedy trial by an impartial jury in the state and district
2.8where the crime shall have been committed, to be informed of the nature and cause of the
2.9accusation, to confront witnesses, and to counsel.
2.10(g) United States Constitution, amendment XIV, provides that the people are to be
2.11free from deprivation of life, liberty, or property without due process of law.
2.12 Subd. 3. Definitions. For the purposes of this section, "arrest," "capture,"
2.13"detention," "disposition under the law of war," and "law of war" have the meanings given
2.14in section 1021 of the National Defense Authorization Act of Fiscal Year 2012.
2.15 Subd. 4. Legislative intent; public policy. (a) As the enactment of sections 1021 and
2.161022 of the National Defense Authorization Act of Fiscal Year 2012 is inimical with those
2.17constitutional rights listed in subdivision 2, notwithstanding any treaty or federal, state, or
2.18local law or authority, including a national defense authorization act, authorization for use
2.19of military force, or similar law claimed or enacted by the Congress of the United States or
2.20the President of the United States, it is unconstitutional and unlawful for any person to:
2.21(1) subject another person within the boundaries of the state of Minnesota to
2.22disposition under the law of war including, but not limited to:
2.23(i) detention, arrest, or capture under the law of war; or
2.24(ii) trial under United States Code, title 10, chapter 47A, or any similar military,
2.25or alternative court or tribunal as described in section 1021(c) of the National Defense
2.26Authorization Act for Fiscal Year 2012;
2.27(2) execute any person within the boundaries of the state of Minnesota without
2.28judicial sentencing after trial and conviction in a court ordained and established under
2.29United States Constitution, article III, or under the Minnesota Constitution; or
2.30(3) provide material aid to persons seeking to violate this section within the
2.31boundaries of the state.
2.32 Subd. 5. Reporting. The Department of Public Safety shall notify the governor and
2.33the legislature of any attempt within the boundaries of the state to violate this section.
2.34 Subd. 6. Military authority. Subdivision 4 does not prohibit the application of the
2.35Uniform Code of Military Justice (UCMJ), including military detention and trial in "cases
2.36arising in the land or naval forces, or in the Militia, when in actual service in time of War
3.1or public danger" to discipline service members who have violated the UCMJ and laws of
3.2war as defined in United States Code, title 10, chapters 47 and 47A.
3.3 Subd. 7. Penalty. (a) A person who violates subdivision 4 is subject to criminal
3.4prosecution for assault, kidnapping, murder, or other crime, as applicable, and as defined
3.5in chapter 609.
3.6(b) The Peace Officer Standards Training (POST) Board shall terminate the license
3.7of any POST-certified officer who has been convicted of violating this section.
3.8 Subd. 8. Severability. If any provision of this section is found to be unconstitutional
3.9and void, the remaining provisions of this section are valid.
3.10EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
3.11violations of this section committed on or after that date.
1.3Authorization Act for Fiscal Year 2012 and all other similar legislation; providing
1.4for freedom of persons within the boundaries of the state of Minnesota from
1.5disposition under the law of war; providing for criminal penalties;proposing
1.6coding for new law in Minnesota Statutes, chapter 1.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. [1.231] FREEDOM FROM LOSS OF RIGHTS UNDER THE LAW
1.9OF WAR.
1.10 Subdivision 1. Limits on federal power; state rights. As the United States
1.11Constitution provides that the federal government is exclusively authorized to exercise
1.12those powers specifically enumerated in the Constitution; and, as stated in its amendments
1.13IX and X, all other rights and powers are reserved to the various states and to citizens of
1.14these states: it is necessary that the states, including Minnesota, identify and lawfully
1.15oppose instances in which the federal government has assumed powers not enumerated
1.16to it by the Constitution.
1.17 Subd. 2. Findings. (a) Section 1021 of the National Defense Authorization Act for
1.18Fiscal Year 2012 grants the President of the United States authority both to arrest and to
1.19determine if a trial will be held for suspected terrorists.
1.20(b) Section 1022 of the National Defense Authorization Act for Fiscal Year 2012
1.21authorizes military detention without trial of citizens of the United States.
1.22(c) Historically, other claimed authorities, including Presidential Executive Order
1.239066 in 1942, terminated by Presidential Proclamation 2714 in 1946, with the termination
1.24confirmed by Presidential Proclamation 4417 in 1976, authorized the internment of
1.25persons living within the United States based upon the person's race.
2.1(d) United States Constitution, amendment IV, provides that the right of the people
2.2to be secure in the persons, houses, papers, and effects against unreasonable searches
2.3and seizures shall not be violated.
2.4(e) United States Constitution, amendment V, provides that the people have a right to
2.5be free from deprivation of life, liberty, or property without due process of law.
2.6(f) United States Constitution, amendment VI, provides that the people have a right
2.7in criminal prosecutions to a speedy trial by an impartial jury in the state and district
2.8where the crime shall have been committed, to be informed of the nature and cause of the
2.9accusation, to confront witnesses, and to counsel.
2.10(g) United States Constitution, amendment XIV, provides that the people are to be
2.11free from deprivation of life, liberty, or property without due process of law.
2.12 Subd. 3. Definitions. For the purposes of this section, "arrest," "capture,"
2.13"detention," "disposition under the law of war," and "law of war" have the meanings given
2.14in section 1021 of the National Defense Authorization Act of Fiscal Year 2012.
2.15 Subd. 4. Legislative intent; public policy. (a) As the enactment of sections 1021 and
2.161022 of the National Defense Authorization Act of Fiscal Year 2012 is inimical with those
2.17constitutional rights listed in subdivision 2, notwithstanding any treaty or federal, state, or
2.18local law or authority, including a national defense authorization act, authorization for use
2.19of military force, or similar law claimed or enacted by the Congress of the United States or
2.20the President of the United States, it is unconstitutional and unlawful for any person to:
2.21(1) subject another person within the boundaries of the state of Minnesota to
2.22disposition under the law of war including, but not limited to:
2.23(i) detention, arrest, or capture under the law of war; or
2.24(ii) trial under United States Code, title 10, chapter 47A, or any similar military,
2.25or alternative court or tribunal as described in section 1021(c) of the National Defense
2.26Authorization Act for Fiscal Year 2012;
2.27(2) execute any person within the boundaries of the state of Minnesota without
2.28judicial sentencing after trial and conviction in a court ordained and established under
2.29United States Constitution, article III, or under the Minnesota Constitution; or
2.30(3) provide material aid to persons seeking to violate this section within the
2.31boundaries of the state.
2.32 Subd. 5. Reporting. The Department of Public Safety shall notify the governor and
2.33the legislature of any attempt within the boundaries of the state to violate this section.
2.34 Subd. 6. Military authority. Subdivision 4 does not prohibit the application of the
2.35Uniform Code of Military Justice (UCMJ), including military detention and trial in "cases
2.36arising in the land or naval forces, or in the Militia, when in actual service in time of War
3.1or public danger" to discipline service members who have violated the UCMJ and laws of
3.2war as defined in United States Code, title 10, chapters 47 and 47A.
3.3 Subd. 7. Penalty. (a) A person who violates subdivision 4 is subject to criminal
3.4prosecution for assault, kidnapping, murder, or other crime, as applicable, and as defined
3.5in chapter 609.
3.6(b) The Peace Officer Standards Training (POST) Board shall terminate the license
3.7of any POST-certified officer who has been convicted of violating this section.
3.8 Subd. 8. Severability. If any provision of this section is found to be unconstitutional
3.9and void, the remaining provisions of this section are valid.
3.10EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
3.11violations of this section committed on or after that date.
