PA Constable Becomes A Member Of Oath Keepers – Signs Resolution Against NDAA

Pennsylvania Constable Edwin Quiggle has become an official member of Oath Keepers and plans to sign a resolution (drafted by Stewart Rhodes) against the NDAA (specifically the sections allowing for indefinite detention of U.S. citizens without trial) today.  For good measure, Quiggle has also spoken against the dubious and ironically name “Patriot Act”, which has long been the foundation for numerous trespasses against American Civil Liberties in the name of “national security”.   This is exactly the kind of principled and honorable behavior from elected officials and law enforcement that inspires us here at Oath Keepers, and we hope to see many more good men like Edwin Quiggle step forward to speak out against the ongoing and unmitigated trampling of our Constitutional rights.

There may not be much time left before our country and our culture become unrecognizable.  Now is the moment to stand…

Brandon Smith, Associate Editor

RESOLUTION OF THE CONSTABLE OF THE 9TH WARD OF THE
CITY OF SUNBURY, COUNTY OF NORTHUMBERLAND,
COMMONWEALTH OF PENNSYLVANIA
RESOLUTION 2012-1
STANDING IN OPPOSITION TO THE PROVISIONS IN THE
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
2012 WHICH AUTHORIZES MILITARY DETENTION AND TRIAL OF
U.S. CITIZENS AND LAWFUL RESIDENTS IN DIRECT VIOLATION
OF THE UNITED STATES CONSTITUTION AND THE
CONSTITUTION OF THIS COMMONWEALTH.

WHEREAS, on Dec. 31, 2011, President Barack Obama signed the Conference Report to
House of Representative Bill H.R. 1540, the National Defense Authorization Act (NDAA), into
law,

WHEREAS, the NDAA contains provisions repugnant to, and destructive of, the Constitution
and Bill of Rights of the United States of America, and the Constitution of the Commonwealth of
Pennsylvania, directly violating the U.S. Constitution’s Article I, Section 9 [Habeas Suspension
Clause], Article III, Section 2, Clause 2 [Trial by jury of all crimes except impeachment], Article
III, Section 3 [Treason Clause], Article IV, Section 4 [guarantee of a Republican Form of
government], the 4th Amendment [Protection against unreasonable search and seizure], 5th
Amendment [Right to grand jury indictment and due process], 6th Amendment [Right to speedy
and public trial], 8th Amendment [Protection against cruel and unusual punishments], and 14th
Amendment [Equal protection], as well as infringes on the entirety of the Bill of Rights and basic
structure of the Constitution. These provisions are also in direct violation of the Constitution
of the Commonwealth of Pennsylvania’s Article I, Section 6 [Trial by Jury], Article I, Section
8 [Security From Searches and Seizures], Article I, Section 9 [Rights of Accused in Criminal

Prosecutions], Article I, Section 13 [Bail, Fines, and Punishment], Article I, Section 14 [Prisonersto Be Bailable; Habeas Corpus], making We the People insecure in the exercise of any of our Rights and Powers,
WHEREAS, the United States Constitution and the Constitution of this Commonwealth are
infringed and/or usurped by provisions in the NDAA which authorize the application of: military
force (including assassination), indefinite military detention without trial, military trial, and
rendition to foreign countries and entities of any person, including American citizens and lawful
resident aliens, at the discretion of the President or a subordinate within the Department of
Defense,
WHEREAS, granting the President the authority he would have over a foreign enemy on
a “battlefield” for use against the American people is unconstitutional and a violation of the
federal government’s duty of allegiance to protect U.S. citizens anywhere in the world,
WHEREAS, “Any person having knowledge of any treasonable project is bound to disclose it to
the President, or to a United States judge, or to a Governor of a State or a State judge, or he is
guilty of misprision of treason, and may be fined one thousand dollars and imprisoned for seven
years.” (Treatise on Law of the American Rebellion, page 20, Gard. Inst., 326; 1 U.S. St. L. 112,
119.)
WHEREAS, the Constitution of the Commonwealth of Pennsylvania, Article VI, Section 3
states:
“Senators, Representatives and all judicial, State and county officers shall, before entering on
the duties of their respective offices, take and subscribe the following oath or affirmation before
a person authorized to administer oaths. “I do solemnly swear (or affirm) that I will support, obey
and defend the Constitution of the United States and the Constitution of this Commonwealth
and that I will discharge the duties of my office with fidelity.” The oath or affirmation shall be
administered to a member of the Senate or to a member of the House of Representatives in the
hall of the House to which he shall have been elected. Any person refusing to take the oath or
affirmation shall forfeit his office.”
WHEREAS, pursuant to the Oath of Office, all state and federal legislative, judicial and
executive officers are sworn to protect and defend the U.S. Constitution from all enemies foreign
and domestic,
WHEREAS, laws not passed in “pursuance” of the Constitution are null and void from their
inception,
WHEREAS, the above noted injuries and usurpations, all having in direct object the
establishment of an absolute tyranny over these states, are nearly identical to many of the long
train of abuses and usurpations that compelled our forefathers to take up arms and to separate
from Great Britain, as enumerated in The unanimous Declaration of the thirteen united States of
America, of July 4, 1776,
WHEREAS, H.R. 3162 the UNITING AND STRENGTHENING AMERICA BY PROVIDING
APPROPRIATE TOOLS REQUIRED TO INTERCEPT AND OBSTRUCT TERRORISM
(USA PATRIOT ACT) ACT OF 2001 and H.R. 3199 USA PATRIOT IMPROVEMENT AND
REAUTHORIZATION ACT, both commonly known as the Patriot Act, provide unconstitutional
powers and authorities to federal, state, and local law enforcement, and lowers the legal
standard for obtaining a search warrant from “probable cause” that a crime is being committed
to “reasonable grounds” (Section 215).

THEREFORE, BE IT RESOLVED,
For the above and forgoing reasons, I, Edwin Clarence Quiggle, Jr., Constable of the 9th
Ward of the City of Sunbury, County of Northumberland, Commonwealth of Pennsylvania
express my belief that the NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL
YEAR 2012 (NDAA) is unconstitutional in authorizing the President to use war powers,
and the “law of war,” and/or martial law in the United States and its territories over any
person, including citizens or lawful resident aliens of the United States not in the military
forces, and over citizens or lawful resident aliens of the United States who are not in the
military forces, anywhere in the world.

FURTHER, all provisions of the NDAA and the Patriot Act which are unconstitutional,
including as noted herein above, were and are null and void from their inception and
will not be implemented, enforced, or otherwise supported in this Commonwealth by the
Office of Constable of the 9th Ward of the City of Sunbury, and it is the express policy of
the Constable that no officer, employee, or agent of the Constable’s Office, including any
Deputy Constable or member of a posse under the command of the Constable or a Deputy
Constable, may implement, enforce or otherwise support, directly or indirectly, any of the above
noted unconstitutional provisions including seizure, detention, or trial by the United States
Armed Forces, and/or any other agents of the United States government, both foreign and
domestic, of any person, including any United States citizen and/or lawful resident within this
Commonwealth, and that a violation of such policy will be deemed a violation of their oath of
office and/or employment, and will subject them to discipline up to and including termination and
potential arrest for assault, battery, kidnapping, unlawful detention, and other unconstitutional
actions under the color of law. The Constable rejects all powers and authorities that may have
been granted to state and local law enforcement by the Patriot Act. The Constable also rejects
any changes to the legal standard for obtaining a search warrant, such as those found in the
Patriot Act that change the legal standard for obtaining a search warrant from “probable cause”
that a crime is being committed to “reasonable grounds”, and no agent, officer, employee,
Constable, Deputy Constable, or member of a posse under the command of the Constable or a
Deputy Constable, shall use the powers and authorities granted under the Patriot Act. Neither
the Constable, nor any Deputy Constables, may execute a warrant if it is known to them that the
warrant was obtained using the legal standards set by the Patriot Act.

FURTHER, in keeping with my oath to support, obey and defend the Constitution of the
United States and the Constitution of this Commonwealth, I hereby express my commitment to
interpose this office and stand in defense of all persons including citizens and lawful residents of
the United States within this Commonwealth, against any and all attempts by the United States
Armed Forces or any other agents of the United States government to subject the people to
military force, military seizure, military detention, military trial, or to subject them to extraordinary
rendition to any foreign country or entity. Such actions were among the causes of the necessity
for taking up arms in the American Revolution, as is clearly stated in the Declaration of
Independence,

FURTHER, I urge the Legislature to direct the Congressional delegation of this Commonwealth
to commence immediately efforts to repeal the unconstitutional sections of the NDAA, towit,
sections 1021 and 1022, and any other section or provision which will have the same or
substantially the same effect on the United States, its citizens, and lawful resident aliens.

FURTHER, I urge this state’s Legislature to direct the Congressional delegation to introduce,
support, and secure the passage of legislation to clearly state that Congress not only does not
authorize, but in fact prohibits, the use of military force, military detention, military trial, rendition,
or any other power of the “law of war” against U.S. citizens and lawful resident aliens.

BE IT FURTHER RESOLVED, within thirty (30) days from the execution hereof, a copy of
this resolution shall be sent, via fax or e-mail with a return receipt, to the Governor, to the
108th District’s member of the Legislature of this state, and to the 10th District’s member of
this state’s Congressional delegation by the Constable or an agent of the office of Constable,
and, in compliance with federal law regarding acts of “misprision of treason,” (page 20, Gard.
Inst., 326; 1 U.S. St. L. 112, 119.), to the Governor and Supreme Court Chief Justice of this
Commonwealth to affect notification of a possible “conspiracy against the United States,” to
wit: the attempt by Congress and the President to arbitrarily and indefinitely suspend the Bill of
Rights by authorizing detention outside the requirement of an invasion or rebellion as required
by U.S. Constitution, Article I, Section 9, Clause 3, which states: “The Privilege of the Writ
of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion
the public Safety may require it.,” and by subjecting the American people to the “law of war,”
including military force, detention, and trial, and/or the institution of martial law, rather than
under the laws of the United States, pursuant to the detention and trial requirements of U.S.
Constitution, Article III, and of the Fourth, Fifth, Sixth, and Eighth Amendments.

BE IT FURTHER RESOLVED, recognizing my oath-bound duty to support, obey, and defend
the Constitution of the United States and the Constitution of this Commonwealth, as well as
recognizing the duty of “We the People” to protect our unalienable natural rights to “Life, Liberty,
and the pursuit of Happiness” as alliterated in the Declaration of Independence, I, Constable
Edwin Clarence Quiggle, Jr. hereby adopt this resolution.
Signed, this ____ Day of May, 2012, by: _______________________
the duly-elected Constable of the 9th Ward of the City of Sunbury, County of Northumberland,
Commonwealth of Pennsylvania.

REFERENCES AND SOURCE DOCUMENTS
HR1540 Conference Report as Approved by the United States Congress
http://www.gpo.gov/fdsys/pkg/CREC-2011-12-12/pdf/CREC-2011-12-12-pt1-PgH8356-5.pdf
Authorization of Use of Military Force
http://www.gpo.gov/fdsys/pkg/PLAW-107publ40/html/PLAW-107publ40.htm
President Obama’s Signing Statement: Dec. 31, 2011
http://www.whitehouse.gov/the-press-office/2011/12/31/statement-president-hr-1540
Declaration of Independence
http://www.archives.gov/exhibits/charters/declaration_transcript.html
Constitution of the United States of America
http://www.archives.gov/exhibits/charters/constitution_transcript.html
Constitution of the Commonwealth of Pennsylvania
http://sites.state.pa.us/PA_Constitution.html
House Voting Record for final version of 2012 NDAA
http://clerk.house.gov/evs/2011/roll932.xml
Senate Voting Record for final version of 2012 NDAA
http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?
congress=112&session=1&vote=00230
2012 NDAA, SECTIONS: 1021, 1022, 1023
http://thomas.loc.gov/cgi-bin/query/D?c112:7:./temp/~c112uAmW8n::
H.R. 3162 UNITING AND STRENGTHENING AMERICA BY PROVIDING APPROPRIATE
TOOLS REQUIRED TO INTERCEPT AND OBSTRUCT TERRORISM (USA PATRIOT ACT)
ACT OF 2001
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?
dbname=107_cong_public_laws&docid=f:publ056.107.pdf
H.R. 3199 USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT
http://thomas.loc.gov/cgi-bin/query/F?c109:6:./temp/~c109ys5dCY:e867: