VOTE NO on HB 1041 (Regarding Foreign Law and American Courts)
HB 1041 will be coming up for a full House vote TODAY, Monday, February 6, 2017 at 1:30 PM.
Arkansas Representatives Brandt Smith has introduced this unconstitutional bill, HB 1041, to be in the full House Floor for Conservation (2/06/2017) . The title of the bill is:
“AN ACT TO PROTECT THE RIGHTS AND PRIVILEGES GRANTED UNDER THE UNITED STATES CONSTITUTION AND THE ARKANSAS CONSTITUTION; TO DECLARE AMERICAN LAWS FOR AMERICAN COURTS; AND FOR OTHER PURPOSES.”
Unfortunately, if you look at the title of HB 1041, it even looks bad on the surface. Remember, it is NOT in the states’ constitutionally-granted power to do what’s mentioned in the title of the bill! The U.S. Constitution already does that for us!
NO state legislature has the power to dictate to American courts, and the language of this bill’s title raises questions regarding the credibility of who wrote the bill.
Always beware of titles! The title of this bill is very misleading and untruthful. Titles are used to distract the general public into believing a lie. All bills must be read completely to know what is in them. The devil is in the details! Remember Nancy Pelosi’s statement: “WE MUST PASS THE BILL TO KNOW WHAT IS IN IT” ?
We don’t need this bill because it is unconstitutional! Please DO NOT mess with the Constitution! How can this be dubbed a “BILL” or an “ACT” if it is not to be codified? Who decides if a right is violated? In our Bill of Rights, we have guaranteed rights; nothing needs to be “granted” to us. Since when does the Arkansas State Legislature have the power to dictate federal law?
If you as a legislator do not understand the ratifications of the legislation implementing HB 1041, this whole bill needs to be put on HOLD until all issues can be resolved. This bill will allow the use of foreign law in Arkansas Courts.
Secure Arkansas has qualified people looking into this questionable bill! LEGISLATORS, if you’re not willing to vote “no” on HB 1041, please consider voting “present” until we can further investigate this bill.
Legislators: Why is “mosque” listed in the definition of “Religious Organization” if this bill was truly a piece of legislation for American Laws for American Courts? See page 2, lines 33 through 36, and page 3, line 1.
Warning: This bill is misleading, and its effects and consequences are unclear, so Secure Arkansas cannot give this bill a green light. A lot of research needs to be done before this bill moves any further! What is being hidden? Full disclosure is not provided. Could this damage our American court system and set us up for globalism and world courts?
American Laws for American Courts is being promoted by:
“American Public Policy Alliance” — founded in 2009 and possibly a front group
Board of Directors
- Stephen M. Gelé , Partner at Smith & Fawer Attorneys at Law, Chairman of the Board Pelican Institute for Public Policy
- Michelle R. Ghetti, Law Professor, Legislative Consultant
- Randy Simmons Senior Fellow at the Independent Institute
The is group — American Public Policy Alliance — is so new that it doesn’t really have any history to investigate, but it seems suspicious to us.
American Laws for American Courts will allow courts to base their decisions on foreign laws or other legal codes. If there is a conflict, then the legislator will modify public policy to make it agree. So, if there is a problem the state legislators will modify public policy to be able to bring in more foreign law into Arkansas Courts.
Why is it that lawyers want to allow Foreign Law to be brought into American Courts? Foreign Law should NEVER be allowed to enter the American Court System! Our U. S. Constitution guarantees states’ rights.
Another question comes up concerning this bill: where in the Arkansas Constitution is the legislature (the General Assembly) empowered to “find” or to “look for” public policy with which to blanket the counties and courts of the state?
Understanding Public Policy.
Public policy factors into how decisions are made. When courts and lawmakers consider whether to pass a law, give something priority or rule in a certain way, they do so because of public policy, and they simultaneously shape public policy.
For example:
When courts and legislatures make the decision to legalize same-sex marriage or to make same-sex marriage legal or illegal, they may take into account what they believe is good for the public as a whole. They may also consider cultural ideas on the issue. Their decision can shape public policy.
Remember: Public Policy is changed by the legislator.
The reference to “public policy” must be removed from HB 1041 in order for it to be acceptable to Secure Arkansas. For those who may not know, public policy is defined broadly by Black’s 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.”
Secure Arkansas has concerns about those organizations which directly influence public policy here in Arkansas and throughout our nation. It appears to come from U.N. Agenda 21 goals and principles.
Stand up to protect our U.S. Constitution and our Arkansas State Constitution! This bad bill is in violation of the U.S. Constitution and could even be considered treasonous! Foreign Law for American Courts? No, thanks!
Don’t be fooled! The Arkansas legislature is not empowered to declare anything for the rest of America or America’s courts!!! …especially what is written in this deceptive bill! Our Declaration of Independence protects us from foreign law already. Why would we want to surrender any of our rights? We have more than eight, you know.
**Another very important question arises concerning the word “Contract” in the bill—- Section 2; page 2 line 3, page 3 line 17 and line 20, Section d line 36, page 4 line 3 and line 29. Our U.S. Constitution Article 1 Section 10 it says, No state shall pass any…Law impairing the obligation of contracts.
HB 1041 is encircling the public policy of Arkansas which is changeable by the legislators. There is NO need to bring Foreign Law into Arkansas Courts. All issues should only be brought into Arkansas Courts granted under the Arkansas Constitution or the United States Constitution.
This proposed bill will take away by surrender all rights except the few listed in this bad bill. Reinventing of this wheel is treason! On page 2 starting at line 6 of HB 1041, it states the following fundamental rights, liberties, and privileges granted under the Arkansas Constitution or the United States Constitution:
- The right to due process;
- The right to equal protection;
- Freedom of religion;
- Freedom of speech;
- Freedom of the press;
- The right to keep and bear arms;
- The right to privacy; or
- The right to marry, as "marriage" is defined by Arkansas Constitution, Amendment 83.
The question is: what happened to the rest of the Rights? In Section 1 above, WHY are they only protecting 8 of the 29 Rights listed in the Arkansas Constitution? Would we be surrendering those other 21 Rights??
We have listed below all the Declaration of Rights from the Constitution of the State of Arkansas of 1874 and the 10 Bills of Rights of the U.S. Constitution. Why were a lot of these rights missing from HB 1041 “American Laws for American Courts”?
See Constitution of the State of Arkansas of 1874
Article 2 Declarations of rights:
-
Declaration of Rights ——————————
—————————– 1
Section:
-
Source of power ——————————
—————————— —- 1 -
Freedom and independence ——————————
——————— 2 -
Equality before the law ——————————
———————- 2 -
Right of assembly and of petition ——————————
————- 2 -
Right to bear arms ——————————
—————————— – 2 -
Liberty of the press and of speech – Libel ——————————
—– 2 - Jury trial – Right to – Waiver – Civil cases – Nine jurors agreeing ——— 2
- Criminal charges – Self-incrimination – Due process – Double jeopardy – Bail —— 2
- Excessive bail or punishment prohibited – Witnesses – Detention ———————- 3
- Right of accused enumerated – Change of venue ————————— 3
-
Habeas corpus ——————————
—————————— ——– 3 -
Suspension of laws ——————————
—————————— — 3 -
Redress of wrongs ——————————
—————————— 3 -
Treason — ——————————
—————————— ———– 3 -
Unreasonable searches and seizures ——————————
———— 3 -
Imprisonment for debt ——————————
—————————- 3 -
Attainder – Ex post facto laws ——————————
————— 4 -
Privileges and immunities – Equality ——————————
——— 4 -
Perpetuities and monopolies ——————————
——————– 4 -
Resident aliens – Descent of property ——————————
———- 4 - Life, liberty and property – Banishment prohibited ————————- 4
- Property rights – Taking without just compensation prohibited————- 4
-
Eminent domain and taxation ——————————
——————– 4 -
Religious liberty ——————————
—————————— —— 4 -
Protection of religion ——————————
—————————— 5 -
Religious tests ——————————
—————————— —— 5 - Slavery – Standing armies – Military subordinate to civil power ———- 5
-
Tenure of lands ——————————
—————————— —– 5 - Enumeration of rights of people not exclusive of other rights –
Protection against encroachment ——————————
U.S. Constitution
Bill of Rights
- First Amendment [Religion, Speech, Press, Assembly, Petition (1791)] (see explanation)
- Second Amendment [Right to Bear Arms (1791)] (see explanation)
- Third Amendment [Quartering of Troops (1791)] (see explanation)
- Fourth Amendment [Search and Seizure (1791)] (see explanation)
- Fifth Amendment [Grand Jury, Double Jeopardy, Self-Incrimination, Due Process (1791)] (see explanation)
- Sixth Amendment [Criminal Prosecutions – Jury Trial, Right to Confront and to Counsel (1791)] (see explanation)
- Seventh Amendment [Common Law Suits – Jury Trial (1791)] (see explanation)
- Eighth Amendment [Excess Bail or Fines, Cruel and Unusual Punishment (1791)] (see explanation)
- Ninth Amendment [Non-Enumerated Rights (1791)] (see explanation)
- Tenth Amendment [Rights Reserved to States or People (1791)] (see explanation)
The following is taken out of the proposed bill HB 1041, page 2, lines 33 through 36, and page 3, line 1:
(3) "Religious organization” means a church, seminary, synagogue, temple, mosque, religious order, religious corporation, association, or society with an identity that is distinctive in terms of common religious creed, beliefs, doctrines, practices, or rituals of any faith or denomination, including any organization qualifying as a church or religious organization under 26 U.S.C. § 501(c)(3) or 26 U.S.C. § 501(d).
[red font emphasis, ours]
The Arkansas State Constitution and the U.S. Constitution are the main documents that should be used in Arkansas Courts. This bill is disguised as “protection”, but it puts Arkansas under International Law, International Agreements, and Public Policies of Arkansas. These are the methods in which our liberties will be destroyed. (Note: this bill was written outside of the state!) The bill introduces public policy, international treaties, and international agreements into the Arkansas courts. Do your really want the United Nations’ laws and policies coming into the Arkansas courts? There are many evil forces around, working night and day, trying to destroy our American way of life so they can usher in the “New World Order”. Are we going to sit by and let this happen? There is NO reason to redefine or rewrite the Constitution.
Any legislator who supports HB 1041 must first read their Oath of Office before they even consider supporting HB 1041.
*The Arkansas Constitution, Article 19, Section 20 on page 70 states their Oath of Office:
Senators and Representatives, and all judicial and executive, State and county officers, and all other officers, both civil and military, before entering on the duties of their respective offices, shall take and subscribe to the following oath of affirmation:
“I, ________, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Arkansas, and that I will faithfully discharge the duties of the office of ________, upon which I am now about to enter.”
HB 1041 will direct Arkansas into a Police State by bringing United Nations International Agreements and International Treaties into the Arkansas Courts. Under the guise of “rights”, we are slowly being driven towards a world government with world courts.
HB 1041 is a bad bill and should die on the House floor. Remember, this is an unconstitutional bill. Not only does HB 1041 bring Foreign Law into the Arkansas courts, it also makes Arkansas courts comply with unconstitutional Federal Treaties and other International Agreements. HB 1041 states that International Agreements or Federal Treaty preempts and is superior to State law. See Section (g) of the HB 1041 and read it yourself:
(g) This section shall not be interpreted by any court to conflict with any federal treaty or other international agreement to which the United States is a party to the extent that the federal treaty or international agreement preempts or is superior to state law on the matter at issue.
This is VERY risky and dangerous policy! Heaven forbid if U.S. policy conflicts with INTERNATIONAL AGREEMENTS or FEDERAL TREATIES to PREEMPT our own laws. (Sarcasm intended.) Are we to bow down to other nations now? What happened to our U.S. Constitution and sovereignty? This bill would usurp our state constitution and the U.S. Constitution!
U.S. Treaties & Agreements – The Process
Under U.S. law,
- treaties are equivalent in status to Federal legislation;
- a distinction is made between the terms treaty and agreement;
- the word treaty is reserved for an agreement that is made by and with the Advice and Consent of the Senate (Article II, section 2, clause 2 of the Constitution);
- agreements not submitted to the Senate are known as executive agreements; and
- regardless of whether an international agreement is called a convention, agreement, protocol, accord, etc., if it is submitted to the Senate for advice and consent, it is considered a treaty under U.S. law.
Note that under international law, both types of agreements are considered binding.
The following defines what we can expect if HB 1041 gets passed into law in Arkansas. We will then be governed by international laws which will preempt the state constitution and the U.S. Constitution. How do you feel about having to deal with the World Courts?
The Vienna Convention on the Law of Treaties (.pdf) defines a treaty as “an international agreement concluded between States [these are member states of the United Nations] in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.”
[Bracketed and highlighted font, ours]
Treaties can be referred to by a number of different names: international conventions, international agreements, covenants, final acts, charters, memorandums of understanding (MOUs), protocols, pacts, accords, and constitutions for international organizations. Usually these different names have no legal significance in international law (see next section for the difference in U.S. law). Treaties may be bilateral (two parties) or multilateral (between several parties), and a treaty is usually only binding on the parties to the agreement. An agreement “enters into force” when the terms for entry into force as specified in the agreement are met. Bilateral treaties usually enter into force when both parties agree to be bound as of a certain date.
For definitions of key terms, see the U.N. Treaty Reference Guide
For more information, see Thomas Buergenthal, Public International Law in a Nutshell or the Encyclopedia of Public International Law, vol. 7, pps. 459-514.
The following is from United Nations Treaty Collection where it defines Agreements:
Agreements
The term “agreement” can have a generic and a specific meaning. It also has acquired a special meaning in the law of regional economic integration.
(a) Agreement as a generic term: The 1969 Vienna Convention on the Law of Treaties employs the term “international agreement” in its broadest sense. On the one hand, it defines treaties as “international agreements” with certain characteristics. On the other hand, it employs the term “international agreements” for instruments, which do not meet its definition of “treaty”. Its Art.3 refers also to “international agreements not in written form”. Although such oral agreements may be rare, they can have the same binding force as treaties, depending on the intention of the parties. An example of an oral agreement might be a promise made by the Minister of Foreign Affairs of one State to his counterpart of another State. The term “international agreement” in its generic sense consequently embraces the widest range of international instruments.
Do you actually want this to be brought into Arkansas? Wake up!
“All laws which are repugnant to the Constitution are null and void.” Marbury vs. Madison, 5 US (2 Cranch) 137, 174, 176, (1803)
“An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed,” Norton vs. Shelby County 118 US 425 p, 442
If you are reading this alert from another state, you should take notice! Tennessee, Louisiana, Arizona, and Kansas have already adopted this harmful policy!
This bill, HB 1041, has already passed out of the Arkansas House Judiciary Committee and will come up for full vote TODAY, Monday, February 6 on the Arkansas HOUSE FLOOR! Here’s the House Agenda for the day.
ACTION: PLEASE HURRY! Contact our Arkansas State Representatives by email and phone IMMEDIATELY, and tell them to VOTE NO on HB 1041! You can email them all at one time — listed directly below are their email addresses all together so you can quickly copy and paste them into an email, if you wish. And PLEASE call them! Their names and contact numbers are below this list of emails.
You may call the HOUSE Session Number at 501-682-6211 and leave a message for your state representative to VOTE NO on HB 1041, and if you’re not sure who your state representative is, tell the person who answers your call in which county you live, and she/he can help you.
eddie.armstrong@arkansashouse.
sonia.barker@arkansashouse.org
mary.bentley@arkansashouse.org
charles.blake@arkansashouse.
karilyn.brown@arkansashouse.
Leanne.Burch@arkansashouse.org
frances.cavenaugh@
bruce.coleman@arkansashouse.
Gary.Deffenbaugh@
Jana.DellaRosa@arkansashouse.
charlotte.douglas@
trevor.drown@arkansashouse.org
deborah.ferguson@
kenneth.ferguson@
david.fielding@arkansashouse.
charlene.fite@arkansashouse.
vivian.flowers@arkansashouse.
jack.fortner@arkansashouse.org
jimmy.gazaway@arkansashouse.
michael.gray@arkansashouse.org
michelle.gray@arkansashouse.
monte.hodges@arkansashouse.org
grant.hodges@arkansashouse.org
mike.holcomb@arkansashouse.org
steve.hollowell@arkansashouse.
robin.lundstrum@arkansashouse.
stephen.magie@arkansashouse.
austin.mccollum@arkansashouse.
George.McGill@arkansashouse.
Stephen.Meeks@arkansashouse.
milton.nicks@arkansashouse.org
rebecca.petty@arkansashouse.
aaron.pilkington@
chris.richey@arkansashouse.org
marcus.richmond@arkansashouse.
laurie.rushing@arkansashouse.
matthew.shepherd@
brandt.smith@arkansashouse.org
james.sturch@arkansashouse.org
dan.sullivan@arkansashouse.org
clarke.tucker@arkansashouse.
deann.vaught@arkansashouse.org
danny.watson@arkansashouse.org
david.whitaker@arkansashouse.
jeff.williams@arkansashouse.
|
Title |
Name |
Phone |
|
District |
|---|---|---|---|---|
|
Representative |
Fred Allen |
30 |
||
|
Representative |
Eddie L. Armstrong |
37 |
||
|
Representative |
Bob Ballinger |
97 |
||
|
Representative |
Scott Baltz |
61 |
||
|
Representative |
Sonia Eubanks Barker |
7 |
||
|
Representative |
Rick Beck |
65 |
||
|
Representative |
Mary Bentley |
73 |
||
|
Representative |
Charles Blake |
36 |
||
|
Representative |
Justin Boyd |
77 |
||
|
Representative |
Ken Bragg |
15 |
||
|
Representative |
David L. Branscum |
83 |
||
|
Representative |
Karilyn Brown |
41 |
||
|
Representative |
LeAnne Burch |
9 |
||
|
Representative |
Sarah Capp |
82 |
||
|
Representative |
Frances Cavenaugh |
60 |
||
|
Representative |
Bruce Coleman |
81 |
||
|
Representative |
Charlie Collins |
84 |
||
|
Representative |
Bruce Cozart |
24 |
||
|
Representative |
Carol Dalby |
1 |
||
|
Representative |
Andy Davis |
31 |
||
|
Representative |
Gary Deffenbaugh |
79 |
||
|
Representative |
Jana Della Rosa |
90 |
||
|
Representative |
Jim Dotson |
93 |
||
|
Representative |
Charlotte V. Douglas |
75 |
||
|
Representative |
Dan M. Douglas |
91 |
||
|
Representative |
Trevor Drown |
68 |
||
|
Representative |
Les Eaves |
46 |
||
|
Representative |
Jon S. Eubanks |
74 |
||
|
Representative |
Joe Farrer |
44 |
||
|
Representative |
Deborah Ferguson |
51 |
||
|
Representative |
Kenneth B. Ferguson |
16 |
||
|
Representative |
David Fielding |
5 |
||
|
Representative |
Charlene Fite |
80 |
||
|
Representative |
Lanny Fite |
23 |
||
|
Representative |
Vivian Flowers |
17 |
||
|
Representative |
Jack Fortner |
99 |
||
|
Representative |
Mickey Gates |
22 |
||
|
Representative |
Jimmy Gazaway |
57 |
||
|
Representative |
Jeremy Gillam |
45 |
||
|
Representative |
Justin Gonzales |
19 |
||
|
Representative |
Michael John Gray |
47 |
||
|
Representative |
Michelle Gray |
62 |
||
|
Representative |
Kim Hammer |
28 |
||
|
Representative |
Ken Henderson |
71 |
||
|
Representative |
Kim Hendren |
92 |
||
|
Representative |
David Hillman |
13 |
||
|
Representative |
Monte Hodges |
55 |
||
|
Representative |
Grant Hodges |
96 |
||
|
Representative |
Mike Holcomb |
10 |
||
|
Representative |
Steve Hollowell |
49 |
||
|
Representative |
Douglas House |
40 |
||
|
Representative |
Lane Jean |
2 |
||
|
Representative |
Joe Jett |
56 |
||
|
Representative |
Bob Johnson |
42 |
||
|
Representative |
Jack Ladyman |
59 |
||
|
Representative |
Greg Leding |
86 |
||
|
Representative |
Tim Lemons |
43 |
||
|
Representative |
Fredrick J. Love |
29 |
||
|
Representative |
Mark Lowery |
39 |
||
|
Representative |
Robin Lundstrum |
87 |
||
|
Representative |
Roger D. Lynch |
14 |
||
|
Representative |
John Maddox |
20 |
||
|
Representative |
Stephen Magie |
72 |
||
|
Representative |
Andy Mayberry |
27 |
||
|
Representative |
Austin McCollum |
95 |
||
|
Representative |
Mark D. McElroy |
11 |
||
|
Representative |
George B. McGill |
78 |
||
|
Representative |
Ron McNair |
98 |
||
|
Representative |
David Meeks |
70 |
||
|
Representative |
Stephen Meeks |
67 |
||
|
Representative |
Josh Miller |
66 |
||
|
Representative |
Reginald Murdock |
48 |
||
|
Representative |
Milton Nicks, Jr. |
50 |
||
|
Representative |
John Payton |
64 |
||
|
Representative |
Clint Penzo |
88 |
||
|
Representative |
Rebecca Petty |
94 |
||
|
Representative |
Aaron Pilkington |
69 |
||
|
Representative |
Mathew W. Pitsch |
76 |
||
|
Representative |
Chris Richey |
12 |
||
|
Representative |
Marcus E. Richmond |
21 |
||
|
Representative |
Laurie Rushing |
26 |
||
|
Representative |
Johnny Rye |
54 |
||
|
Representative |
Warwick Sabin |
33 |
||
|
Representative |
Matthew J. Shepherd |
6 |
||
|
Representative |
Brandt Smith |
58 |
||
|
Representative |
James J. Sorvillo |
32 |
||
|
Representative |
Nelda Speaks |
100 |
||
|
Representative |
James Sturch |
63 |
||
|
Representative |
Dan Sullivan |
53 |
||
|
Representative |
Dwight Tosh |
52 |
||
|
Representative |
Clarke Tucker |
35 |
||
|
Representative |
DeAnn Vaught |
4 |
||
|
Representative |
John W. Walker |
34 |
||
|
Representative |
Jeff Wardlaw |
8 |
||
|
Representative |
Les Warren |
25 |
||
|
Representative |
Danny Watson |
3 |
||
|
Representative |
David Whitaker |
85 |
||
|
Representative |
Jeff Williams |
89 |
||
|
Representative |
Carlton Wing |
38 |
||
|
Representative |
Richard Womack |
18 |
Let us know what you hear back from the legislators!
Stay tuned!
Remember to SHARE this email and our website www.SecureArkansas.com with others!
Securing the blessings of liberty,
Secure Arkansas
SecureTheRepublic.com/Arkansas
info@securetherepublic.com
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