Resolution Recommending An Initiative to Educate the Citizens of the State of California of the Challenge to The Rule of Law By the Government of the United States
The following Resolution, offered by the Beverly Hills Bar Association, was overwhelmingly adopted by the California Conference of Delegates, an organization of all voluntary bar associations in California, at its October 2006 conference:
RESOLUTION ELF-04-2006
WHEREAS the Congress of the United States has passed and sent to the President for signature the Military Commissions Act of 2006 which will deny the writ of habeas corpus to "unlawful enemy combatants" at a time when the United States is not in the process of rebellion or invasion, which may include citizens determined by the Executive Branch to be an unlawful enemy combatant; and
WHEREAS the suspension of the writ of habeas corpus as proposed in such statute is a violation of Article I, Section 9 of the Constitution of the United States; and
WHEREAS the statute would deny to human beings determined to be unlawful enemy combatants the rights and privileges guaranteed under the Constitution, including the Bill of Rights and the Universal Declaration of Human Rights; and
WHEREAS the proposed statute would deny to persons including citizens brought within the power of the United States the rights to which they are entitled under the Universal Declaration of Human Rights and the Geneva Conventions; and
WHEREAS the proposed statute provides for the immunization of members of the United States armed forces and government entities for acts which may have violated the rules of law, both national and international, which would otherwise subject such persons to possible criminal prosecution for war crimes, and that such immunity be retroactive to September 11, 2001; and
WHEREAS the proposed statute purports in numerous other ways to exempt the United States and its armed forces from responsibility for actions which have violated the Geneva Convention and the Universal Declaration of Human Rights; and
WHEREAS the statute appears on its face to fail to comply with the Constitution of the United States by failing to uphold the rule of law or to adhere to the doctrine of separation of powers; and
NOW THEREFORE, be it RESOLVED that the Conference of Delegates urges lawyers to (1) initiate a program to educate the citizens of the State of California concerning the challenge to the rule of law by the government of the United States as it purports to advance laws in violation of the United States Constitution and International Law, (2) urge its Congressional delegation to initiate action to repeal the Military Commissions Act of 2006, and (3) when possible initiate or support judicial challenges to a law that is unconstitutional on its face.
PROPONENT: Beverly Hills Bar Association
STATEMENT OF REASONS
Existing Law: Imposes certain constitutional restraints on the use
of power by the Government of the United States, as expressed in the
Constitution of the United States and the other elements of the Supreme
Law of the Land. This Resolution: Urges the Conference to initiate
a program to educate the citizens of the State of California concerning
the effort by the Congress of the United States and the current administration
to ignore the rule of law,
to urge its repeal and to initiate judicial proceedings.
The Problem: The Military Commissions Act of 2006, if signed, will
exceed the rule of law and the powers which have been established
by the United States Constitution and the Universal Declaration of
Human Rights. It purports to deprive important constitutional rights
to "unlawful enemy combatants," as it defines that term
and determines such persons. When signed by the President, the statute
will on its face violate the Constitution of the United States and
the Universal Declaration of Human Rights. The unilateral determination
by the Executive Branch of the status of an unlawful enemy combatant,
which may include citizens who may also be attorneys involved in representing
parties held by the government, deprives a person of the basic human
and civil rights that are the hallmark of the ideals of this country.
This statute is an overreaching for power by a government acting without
restraint, and doing so by stirring fear and terror to quell dissent.
The implementation of this
statute cannot help but foster the impression throughout the world
that the United States is a country that is unable or unwilling to
restrain the use of its resources for peaceful purposes and appears
to be advancing a process of hegemony through military power, unrestrained
by law or reason. Our government can perform its duties without destroying
the constitutional foundation which differentiates this country from
totalitarian regimes which have flourished through history. This organization
must speak out in opposition to
this course.
IMPACT STATEMENT
This proposed resolution potentially affects other laws, statutes or rules.
AUTHOR AND/OR PERMANENT CONTACT:
Michael H. White
11024 Balboa Blvd., #615
Granada Hills, Ca 91344
Phone: (818) 368-0444
e-mail: mhw4law@socal.rr.com
Judith A. Gilbert
24600 Park Granada
Calabasas, CA 91302
Phone: (818) 592-2460
e-mail: jaglaws@earlink.net