SF 27

as introduced - 89th Legislature (2015 - 2016) Posted on 01/08/2015 04:04pm

A bill for an act
relating to public safety; prohibiting persons from assisting the federal
government to indefinitely detain certain persons; proposing coding for new
law in Minnesota Statutes, chapter 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [1.55] LIBERTY PRESERVATION ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Findings and declaration. new text end

new text begin The legislature finds and declares all of
the following:
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new text begin (1) the Tenth Amendment to the United States Constitution authorizes the federal
government to exercise only those powers delegated to it in the United States Constitution;
new text end

new text begin (2) the guarantee of the constitutional limitations on federal power is a matter
of contract between the people of the several states, including the state of Minnesota,
and the federal government at the time the United States Constitution was ratified and
subsequently amended by the Bill of Rights;
new text end

new text begin (3) Article VI of the United States Constitution, by using the words "in pursuance
thereof," provides that the laws of the federal government are the supreme law of the land
only if those laws are adopted in accordance with the powers delegated to the federal
government in the United States Constitution;
new text end

new text begin (4) the President of the United States has asserted that the Authorization for the
Use of Military Force, Public Law 107-40, enacted in 2001, authorizes the president to
indefinitely detain, without charge, any person, including a citizen of the United States or
a lawful resident alien, regardless of whether the person is apprehended inside or outside
the borders of the United States;
new text end

new text begin (5) language in sections 1021 and 1022 of the National Defense Authorization Act
(NDAA) for fiscal year 2012 purports to permit indefinite military detention without
public trial, military tribunals, and the transfer to foreign jurisdictions of persons,
including United States citizens, captured on United States soil;
new text end

new text begin (6) indefinite detention without trial, military tribunals, and the transfer to foreign
jurisdictions are inimical to the liberty, security, and well-being of the people of the state
of Minnesota by violating at a minimum:
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new text begin (i) the Minnesota Constitution;
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new text begin (ii) the limits of power delegated to the federal government in the United States
Constitution; and
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new text begin (iii) the legal doctrine of posse comitatus under United States Code, title 18, section
1385, by authorizing the armed forces of the United States to police the United States; and
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new text begin (7) the state of Minnesota is committed to avoid repeating the tragedies and mistakes
of history, including the incarceration and indefinite detention of Japanese Americans
during World War II.
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new text begin Subd. 2. new text end

new text begin Prohibition on participation in activities which aid in federal indefinite
detention. new text end

new text begin (a) Notwithstanding any law to the contrary except paragraph (b), no agency
or employee of the state, including all political subdivisions, acting in the agency's or
employee's official capacity, and no member of the Minnesota National Guard on official
state duty shall knowingly aid an agency, agent, or employee of the federal government,
or any corporation providing services to the federal government in any investigation,
prosecution, detention, or transfer to a foreign jurisdiction of a person within the state
pursuant to sections 1021 and 1022 of the NDAA for fiscal year 2012, or the Authorization
for the Use of Military Force, Public Law 107-40, enacted in 2001, or any other provision
of federal law which purports to authorize the indefinite detention, military tribunal, or
transfer to a foreign jurisdiction of a person within the state of Minnesota.
new text end

new text begin (b) Paragraph (a) does not apply to participation by state or local law enforcement
or the Minnesota National Guard in a joint task force, partnership, or other similar
cooperative agreement with federal law enforcement if that joint task force, partnership,
or similar cooperative agreement is not for the purpose of investigating, prosecuting,
detaining, or transferring to a foreign jurisdiction any person pursuant to sections 1021
and 1022 of the NDAA for fiscal year 2012, or the Authorization for the Use of Military
Force, Public Law 107-40, enacted in 2001, or any other provision of federal law which
purports to authorize the indefinite detention, military tribunal, or transfer to a foreign
jurisdiction of a person within the state of Minnesota.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end