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STATE OF OKLAHOMA2nd Session of the 53rd Legislature (2012)HOUSE CONCURRENTRESOLUTION 1025By:KeyAS INTRODUCEDA Concurrent Resolution expressing belief that theNational Defense Authorization Act for Fiscal Year2012 is unconstitutional; directing OklahomaCongressional Delegation to commence efforts torepeal certain sections of the act; expressing beliefthat the unconstitutional sections of the act are notenforceable within the state and prohibiting stateofficers from enforcing them; and directingdistribution.WHEREAS, on December 15, 2011, the 220th anniversary of the Billof Rights, the United States Senate passed the Conference Report toHouse of Representatives Bill H.R. 1540, the “National DefenseAuthorization Act for Fiscal Year 2012 (NDAA)”; andWHEREAS, on December 31, 2011, President Barack Obama signed theConference Report to House of Representatives Bill H.R. 1540, theNational Defense Authorization Act for Fiscal Year 2012, into law;andWHEREAS, the NDAA contains provisions repugnant to the Bill ofRights contained within the Constitution of the State of Oklahomaand the Constitution of the United States of America; andReq. No. 9257Page 1
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WHEREAS, the State of Oklahoma entered the Union in 1907 for thepurposes described in the Preamble to the Constitution of the UnitedStates, to include securing the “Blessings of Liberty” forthemselves and their “Posterity”; andWHEREAS, the citizens of Oklahoma did “ordain and establish” theConstitution of the State of Oklahoma, including a Bill of Rights,many of which suffer violations and infringements of the Rights ofthe People at the direction of the NDAA; andWHEREAS, the Oklahoma and United States constitutions areinfringed, endangered, or usurped by provisions of the NDAA whichauthorize the “indefinite detention” of persons at the discretion ofthe President; andWHEREAS, the Preamble to the U.S. Constitution states: “We thePeople of the United States, in Order to form a more perfect Union,establish Justice, insure domestic Tranquility, provide for thecommon defence, promote the general Welfare, and secure theBlessings of Liberty to ourselves and our Posterity, do ordain andestablish this Constitution for the United States of America.”; andWHEREAS, the Preamble to the Constitution of the State ofOklahoma declares: “Invoking the guidance of Almighty God, in orderto secure and perpetuate the blessing of liberty; to secure just andrightful government; to promote our mutual welfare and happiness,we, the people of the State of Oklahoma, do ordain and establishthis Constitution.”; andReq. No. 9257Page 2
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WHEREAS, the U.S. Constitution, Article I, Section 9, Clause 2,states: “The Privilege of the Writ of Habeas Corpus shall not besuspended, unless when in Cases of Rebellion or Invasion the publicSafety may require it.”; andWHEREAS, the Oklahoma Bill of Rights, Article II, Section 10,states: “The privilege of the writ of habeas corpus shall never besuspended by the authorities of this State.”; andWHEREAS, the U.S. Constitution, Article III, Section 2, Clause3, states: “The Trial of all Crimes, except in Cases ofImpeachment, shall be by Jury; and such Trial shall be held in theState where the said Crimes shall have been committed; but when notcommitted within any State, the Trial shall be at such Place orPlaces as the Congress may by Law have directed.”; andWHEREAS, the NDAA, as passed into law, authorizes the denial ofArticle III, Section 2 jury trials in civilian courts to Americancitizens and lawful residents accused of treason as defined inArticle III, Section 3, “levying War against [the United States], orin adhering to their Enemies, giving them Aid and Comfort”; andWHEREAS, the U.S. Constitution, Article III, Section 3, states:“Treason against the United States, shall consist only in levyingWar against them, or in adhering to their Enemies, giving them Aidand Comfort. No Person shall be convicted of Treason unless on theTestimony of two Witnesses to the same overt Act, or on Confessionin open Court.”; andReq. No. 9257Page 3
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