Rebuttal to the Sponsors of HB1348
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AN ACT TO PROTECT RIGHTS AND PRIVILEGES GRANTED UNDER THE UNITED STATES CONSTITUTION AND THE ARKANSAS CONSTITUTION; AND FOR OTHER PURPOSES.
Some of the sponsors of HB1348
are recommending that Section 2 of the bill should be re-read and that the intent of the bill as written is to prohibit ” Sharia” type law from over riding issues that may be presented in the future.
Again the sponsors said HB1348 would protect us from foreign law and also Sharia law. They also stated that Secure Arkansas is confused regarding the HB1348 legislation and that the whole purpose of HB1348 is to protect our sovereignty and our legal system.
If you look at the title of HB1348 , it appears to look good on the surface. Beware of titles! They are meant to deceive. One must read the whole bill to see its effect, and that is what we’ve done.
Section 1 of HB1348 states that rulings are limited
as long as they “do not conflict with the public policy of Arkansas” or if they “would not directly conflict with public policy of Arkansas”. It’s important to understand that legislators can change the public policy at any time, thus changing the intent of HB1348. The devil is in the details.
The reference to public policy must be removed from HB1348 in order for it to be acceptable to Secure Arkansas.
For those who may not know, public policy is defined broadly by Blacks Law Dictionary, 9th Edition, as “principles and standards regarded by the legislature or by the courts as being of fundamental concern to the state and the whole of society.”
The wording of the bill is shown in smaller font below. Please note what is highlighted in RED.
SECTION 1. DO NOT CODIFY. Legislative findings. The General Assembly finds that:
(1)(A) While fully recognizing that judgments and rulings issued by
foreign courts and foreign judicial bodies may be recognized and enforced if
those judgments and rulings do not conflict with the public policy of
Arkansas, the General Assembly also recognizes that this recognition is given
as a discretionary accommodation to that foreign nation and not afforded as a right.
(B) As a matter of public policy, the recognition and
enforcement of a foreign judgment or ruling is limited to the extent that its
enforcement would not directly conflict with the public policy of Arkansas;
(2)(A) The fundamental rights and liberties granted to Arkansas
citizens and residents found in the Bill of Rights of the United States
Constitution and other amendments and the Declaration of Rights, Arkansas
SECTION 2. Arkansas Code Title 16, Chapter 55, Subchapter 1, is
18amended to add an additional section to read as follows:
1916-55-123. Application of foreign law, legal code, or system.
20(a) As used in this section, “foreign law, legal code, or system”
21means any law, legal code, or system of a jurisdiction outside of any state,
22territory, or commonwealth of the United States, including without limitation
23international organizations and tribunals, and applied by that jurisdiction’s
24courts, administrative bodies, or other formal or informal tribunals.
25(b) Any court, arbitration, tribunal, or administrative agency ruling
26or decision violates the public policy of this state and is void and
27unenforceable if the court, arbitration, tribunal, or administrative agency
28bases its ruling or decision in the matter at issue in whole or in part on
29any foreign law, legal code, or system that would not grant the parties
30affected by the ruling or decision the same fundamental liberties, rights,
31and privileges granted under the United States Constitution and the Arkansas
33(c) A contract or contractual provision capable of severability that
34provides for the choice of a foreign law, legal code, or system to govern
35some or all of the disputes between the parties adjudicated by a court of law
36or by an arbitration panel arising from the contract mutually agreed upon
1 violates the public policy of this state and is void and unenforceable if the
2foreign law, legal code, or system chosen includes or incorporates any
3substantive or procedural law, as applied to the dispute at issue, that would
4not grant the parties the same fundamental liberties, rights, and privileges
5granted under the United States Constitution and the Arkansas Constitution.
6(d)(1) A contract or contractual provision capable of severability
7that provides for a jurisdiction to grant the courts or arbitration panels in
8personam jurisdiction over the parties to adjudicate any disputes between
9parties arising from the contract mutually agreed upon violates the public
10policy of this state and shall be void and unenforceable if the jurisdiction
11chosen includes any foreign law, legal code, or system, as applied to the
12dispute at issue, that would not grant the parties the same fundamental
13liberties, rights, and privileges granted under the United States
14Constitution and the Arkansas Constitution.
15(2) If a resident of this state who is subject to personal
16jurisdiction in this state seeks to maintain litigation, arbitration, agency,
17or similarly binding proceedings in this state and if the courts of this
18state find that granting a claim of forum non conveniens or a related claim
19violates or would likely violate the fundamental liberties, rights, and
20privileges granted under the United States Constitution and the Arkansas
21Constitution of the nonclaimant in the foreign forum with respect to the
22matter in dispute, then it is the public policy of this state that the claim
23shall be denied.
24(e) This section does not apply to a corporation, partnership, or
25other form of business association.
Listed below are links to five bills from four states which ONLY USE the U.S. Constitution and their state Constitution in determining a case. Public Policy can be changed at any time by the legislature.
Secure Arkansas has concerns about those organizations that directly influence public policy here in Arkansas and throughout our nation. We have taken a look at those who influence public policy here at the Arkansas State Capitol, including lobbyists, from their own websites. Notice the language that they use to describe themselves. It appears to come from U.N. Agenda 21 goals and principles.
One of these organizations is the Arkansas Public Policy Panel. Let’s take a look at their wording from their website, in quotes. (This is NOT an endorsement for this organization. Font color has been added to draw your attention to U.N. Agenda 21 buzz-words and phrases of concern.)
Arkansas Public Policy Panel
“About the Panel
Arkansas Public Policy Panel is a non-profit organization founded in 1963. We work for social justice by helping community people to organize, to grow as leaders, and to influence public policy at the local level and the state level. The Panel provides organizing, training, leader development and strategic planning services.
Values, Vision and Mission
Social and economic justice is our highest value. This value is advanced through respect for human dignity; embracing diversity and inclusiveness; empowerment; and a political process which is inclusive, fair and transparent.
Arkansas is a place where an enlightened and empowered population ensures that the economic, social and political resources are managed to serve the public good and the state’s natural environment is respected and nurtured.
Arkansas Public Policy Panel is a statewide organization dedicated to achieving social and economic justice by organizing citizen groups around the state, educating and supporting them to be more effective and powerful, and linking them with one another in coalitions and networks. The Panel seeks to bring balance to the public policy process in Arkansas.”
Whether the wording is
for the collective good, public good, or common good,
it is still Communism!!
Another group that Secure Arkansas has researched that influences public policy is Arkansas Citizens First Congress. Information shown in quotes below is from their website. (Again, this is NOT an endorsement for this organization. Font color has been added to draw your attention to U.N. Agenda 21 buzz-words and phrases of concern.)
Citizens First Congress
“The Arkansas Citizens First Congress is a multi-issue and non-partisan coalition of 49 organizations who work together for progressive changes in state policy. Coalition members come from all corners of the state and work on many different issues. At the Arkansas Legislature, the coalition members lobby together on a common agenda. They also watchdog the legislature, and lobby against threats to progressive policy. The Arkansas Citizens First Congress has lobbied lawmakers at the Arkansas Legislature since 1999.“
Here are a few examples of progressive policieslisted on their website that they support and which they ask lawmakers to support. They’ve entitled these “Ten Priorities for a Better Arkansas”.
(These are actually U.N. Agenda 21/ Sustainable Development policies, including open borders, “going green”, and regionalism!)
“Oppose any state-level immigration policy and oppose punitive anti-immigrant legislation.”
“Develop a Delta regional strategic plan between Arkansas, Louisiana and Mississippi to implement regional solutions to issues prevalent in the mid-south delta region.”
“Protect Arkansas’s water resources by developing a new state water plan.”
Their so-called Broad Platform is found here
. While the statements sound
good, again, this is U.N. Agenda 21 at work on a local level. Remember: more government control and involvement leads to less freedom.
“Assist local communities in forming Minority Business Associations that would promote the growth and retention of minority businesses in Arkansas.”
“Pass the Main Street Mobility Act to promote inclusive mobility (walking, cycling and transit) and support “complete streets” to enable safe access for all types of transportation.”
“Designate state or national water trails in the Delta and support tax credits for related recreational businesses.”
An example of Citizens First Congress’ 2012-2013 member groups, or coalitions, here in Arkansas is the Sierra Club, Arkansas Chapter. Sierra Club, Central Arkansas Group
Check out this link to see how the Sierra Club is tied to the United Nations!
So, here in Arkansas, we have “Community Organizers”, political activists, and numerous other organizations across America working to have U.N. Agenda 21 (more commonly known as “Sustainable Development”) implemented! We’ve only listed THREE of them.
We would be happy to provide the names and links for others, as this is a matter of concern for all.
The founding fathers gave us a “Republic”, with a Republican form of government, and not a Communist Democracy with a Democratic, socialist government!
Outside Independence Hall when the Constitutional Convention of 1787 ended, Mrs. Powel of Philadelphia asked Benjamin Franklin, “Well, Doctor, what have we got, a republic or a monarchy?”
With no hesitation whatsoever, Franklin responded,
“A republic, if you can keep it.”
— Benjamin Franklin
(1706-1790) US Founding Father
: as recorded by Constitution signer James McHenry in a diary entry.
Our question to you is:
can we KEEP this Republic?
– – – – – – – – – – – –
*Look for other articles from
Secure Arkansas in the future
regarding the dangers of
U.N. Agenda 21/ Sustainable Development and public policy.*
* REMINDER *
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May our Heavenly Father bless and guide our work,
Securing the blessings of liberty,
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