MS SC541

Expresses opposition to Sections 1021 and 1022 of the National Defense Authorization Act of 2012 (Public Law 112-81), which authorize indefinite detention of persons without charge or trial.

States that Section 1021 may apply to U.S. citizens and lawful resident aliens captured within the United States, and Section 1022 only exempts citizens from mandatory detention requirements, not from authorization of detention.

Declares that the indefinite detention, military tribunal, and transfer provisions violate constitutional rights including habeas corpus, due process, speedy trial, jury trial, and protection against unreasonable search and seizure.

Instructs all state agencies to decline federal requests under these detention provisions that would infringe upon residents' constitutional rights including free speech, religion, assembly, and counsel.

Directs transmission of the resolution to the President, Congress, U.S. Supreme Court, and state legislatures opposing these federal detention authorities as violative of state and federal constitutional protections.