Bill Text: HI HCR67 | 2012 | Regular Session | Introduced

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Bill Title: National Defense Authorization Act for Fiscal Year 2012

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2012-03-01 - (H) Referred to PBM, JUD, referral sheet 38 [HCR67 Detail]

Download: Hawaii-2012-HCR67-Introduced.html

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HOUSE OF REPRESENTATIVES	H.C.R. NO.	67
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

Opposing the indefinite detention provisions of the National defense authorization act for fiscal year 2012.

 

 

 

     WHEREAS, the National Defense Authorization Act for 2012 was signed into United States law on December 31, 2011, by President Barack Obama; and

 

     WHEREAS, the Act authorizes $662,000,000,000 in funding "for the defense of the United States and its interests abroad"; and

 

     WHEREAS, the most controversial provisions to receive wide attention are contained in Title X, subtitle D, entitled "Counter-Terrorism," and sections 1021 and 1022, which deal with detention of persons the government suspects of involvement in terrorism, have generated controversy as to their legal meaning and their potential implications for abuse of presidential authority; and

 

     WHEREAS, pursuant to the Authorization for Use of Military Force, which was passed in the immediate aftermath of the September 11, 2001 attacks, the National Defense Authorization Act text affirms the President's authority to detain, via the armed forces, any person "who was part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners," and anyone who commits a "belligerent act" against the United States or its coalition allies, under the law of war, "without trial, until the end of the hostilities authorized by the Authorization for Use of Military Force; and

 

     WHEREAS, the National Defense Authorization Act also authorizes trial by military tribunal, or "transfer to the custody or control of the person's country of origin," or transfer to "any other foreign country, or any other foreign entity"; and

 

     WHEREAS, the United States Constitution guarantees all United States citizens and permanent residents, fundamental rights including the freedom of religion, speech, assembly and privacy; protection from unreasonable searches and seizures; due process and equal protection; equality before the law and the presumption of innocence; access to counsel in judicial proceedings; and a fair and speedy public trial; and

 

     WHEREAS, sections 1021 and 1022 of the National Defense Authorization Act have been called a violation of constitutional principles and of the United States Bill of Rights; and

 

     WHEREAS, the National Defense Authorization Act affirms its strong opposition to terrorism at the expense of the fundamental civil rights and liberties of its people; 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 Legislature affirms its strong opposition to the indefinite detention provisions of the National Defense Authorization Act for fiscal year 2012; 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, and the members of Hawaii's congressional delegation.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

National Defense Authorization Act for Fiscal Year 2012