Sample County Resolution to Protect the Rights of Citizens

Thomas Renz – Renz Law


THIS DOCUMENT IS PUBLISHED TO SUPPORT THE IDEALS HEREIN AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. PLEASE CONSULT A LOCALLY LICENSED ATTORNEY WITH QUESTIONS.


The following is sample legislation that could be adapted by a county or other local governmental entity to protect the rights of citizens under the Constitution of the United States and the state in which that entity exists. Please note that this is not meant to be legal advice and that any entity using this document should consult an attorney licensed in their own state.


If we hope to save our nation, we must work from the ground up. It is my hope that this document will be modified and used conceptually as a means of providing a basis to ensure freedom in our nation.



STATE OF XXXX


BEFORE THE BOARD OF XXXXXX COUNTY COMMISSIONERS


ORDINANCE/RESOLUTION NO.


ORDINANCE AND RESOLUTION REGARDING THE PROTECTION OF RIGHTS UNDER THE CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF THE STATE OF XXXXXX



Recitals:

WHEREAS, the Board of Commissioners (“Board”) of XXXXX County, [STATE] (“County”), is the executive body of County government pursuant to the provisions of I.C. 36-2-2-2.


WHEREAS, the Board is also the legislative body of County government pursuant to the provisions of XXXXXX.


WHEREAS, the rights secured by the Constitutions are best protected by principals of limited government, respect of private property rights, respect for individual freedoms and liberties, and knowledge of and access to the laws by the public.


WHEREAS, the Board wishes to adopt this ordinance, and future ordinances as necessary, in accord with the Resolution.


WHEREAS, each member of the Board is required to take an oath of office prior to the assumption of duties as a Commissioner of the County


WHEREAS, the oath of office requires each member of the Board to swear to support the Constitution of the United States and the Constitution of the State of XXXXXX and to faithfully, impartially and diligently discharge the duties of the office of Commissioner for the County, according to law.


WHEREAS, the Board maintains a strong commitment to all of the rights of the people in the County as stated in the Constitution of the United States and the Constitution of the State of XXXXX, including, but not limited to, the provisions of said Constitutions that are stated below and that are applicable at all times, including, but not limited to, the declaration of emergencies, including, but not limited to, the Covid-19 pandemic.


WHEREAS, the Board opposes the adoption of laws, ordinances, rules, regulations, restrictions, and other governmental documents of legal force that unlawfully infringe upon the rights secured by said Constitutions.


WHEREAS, in the recent case of Roman Catholic Diocese of Brooklyn, New York v. Andrew M Cuomo, Governor of New York, 592 U.S. (2020), the Supreme Court of the United States stated that “even in a pandemic the Constitution cannot be put away and forgotten.”


WHEREAS, in the case of Planned Parenthood v. Casey, 505 U.S. 833, the Supreme Court of the United States explicitly overrode Jacobson v. Massachusetts, 197 U.S. 11 (1905) as pertaining to the right of the government to mandate or bar medical treatment in stating:


Roe, however, may be seen not only as an exemplar of Griswold liberty but as a rule (whether or not mistaken) of personal autonomy and bodily integrity, with doctrinal affinity to cases recognizing limits on governmental power to mandate medical treatment or to bar its rejection. If so, our cases since Roe accord with Roe's view that a State's interest in the protection of life falls short of justifying any plenary override of individual liberty claims. Cruzan v. Director, Mo. Dept. of Health, 497 U.S. 261, 278, 111 L. Ed. 2d 224, 110 S. Ct. 2841 (1990); cf., e. g., Riggins v. Nevada, 504 U.S. 127, 135, 118 L. Ed. 2d 479, 112 S. Ct. 1810 (1992); Washington v. Harper, 494 U.S. 210, 108 L. Ed. 2d 178, 110 S. Ct. 1028 (1990); see also, e. g., Rochin v. California, 342 U.S. 165, 96 L. Ed. 183, 72 S. Ct. 205 (1952); Jacobson v. Massachusetts, 197 U.S. 11, 24-30, 49 L. Ed. 643, 25 S. Ct. 358 (1905).


WHEREAS, the rights of said Constitutions stated below appear to be the most in jeopardy at this particular time in our country’s history and that no one should construe the absence of a stated right as protected by said Constitutions to mean that said right is not vigorously supported and protected by the County and its officials and officers.


WHEREAS, the First, Second, Fourth, Ninth, Tenth, and Fourteenth Amendments of the Constitution of the United States state the following:


Amendment I


Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


Amendment II


A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.


Amendment IV


The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


Amendment IX


The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.


Amendment X


The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.


Amendment XIV


All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws…



WHEREAS, Sections XXXXX of the Constitution of the State of XXXXX state the following:


Article XXXX:



NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE BOARD OF COMMISSIONERS OF XXXXX COUNTY AS FOLLOWS:


Rights:


The County is now, and forever shall be, a Constitutional Rights Sanctuary County.


All agencies and departments of the County under the authority of the Board shall:


1. Take due care at all times, whether during a state of emergency or otherwise, not to infringe upon the rights and liberties of the persons and individuals in XXXXXX County as stated in the Constitution of the United States and the Constitution of the State of XXXXXXX;


2. Review, and change if necessary, their rules, regulations, orders, policies, practices, and all governmental documents of legal force for conformity with said Constitutions;


3. Individuals within XXXXX County shall have standing and shall be entitled to bring a cause of action in XXXX County and Municipal Courts to challenge any law, ordinance, regulation, guideline, or other action that interferes, directly or indirectly, with any County, State, or Federal Constitutional Rights of individual citizens of XXXXX County;


4. County and Municipal Courts in XXXX County shall, in any instance where judicial discretion is allowed, grant discovery to the fullest extent permitted under the law in any case where individual rights are in question;


5. County and Municipal Courts in XXXXX County shall not dismiss any action brought pertaining to an individual’s fundamental rights unless such case is clearly and unambiguously frivolous; and,


6. County and Municipal Courts in XXXXX County shall review any action taken by a governmental or private entity within the County against an individual’s bodily autonomy, specifically including masking and the decision to vaccinate as illegal, unless the defense proves that such action is necessary to promote a compelling interest and is as narrowly tailored as possible to achieve that interest.


7. XXXXX County requires that all governmental procedures must be followed when implementing measures as defined under this resolution. The County reserves the right to challenge in court any governmental action which has been taken by the executive branch or any state or local department without first presenting the issue to the legislative branch and using the normal legislative process. The County further recognizes the judicial procedures under Part 8 (below), when challenging an unlawful order by a governmental official or agency.


8. All citizens in XXXXX County shall have standing and be entitled to bring a cause of action to challenge any science promulgated by any entity forming the basis of any private or governmental action:


a. In any such action the Court shall grant discovery to the fullest extent allowed under the law.

b. The remedy for such an action shall be limited to injunctive relief against the creators and publishers of said misleading information within the County, unless;

c. Said information was published with intent, in which case attorneys’ fees, costs and fees are available at the standard rates charged by the attorneys, staff, and experts involved:

d. The court shall recognize that science is never settled and consensus does not establish scientific fact. Where differing views as to the validity of science exist, both sides must be given fair and unbiased opportunity to present relevant facts:

i. Consideration shall be given to the influence of funding on any scientific conclusions presented to the Court; and

ii. The Court shall consider the validity of any studies presented to the court as evidence.


8. To the fullest extent allowed under the law, any County agency or entity in this County failing to comply with this ordinance shall immediately lose all funding and support from this authorized by the Board.


9. If any part of this resolution is determined by a court of competent jurisdiction to be unlawful or otherwise invalid the remainder of the resolution shall remain in effect.


10. This resolution may only be amended or rescinded by unanimous consent of the Board.


11. The United States Constitution, State of XXXXX Constitution, and other laws shall be interpreted by the Courts of this County by first reading the plain language of the text and, where that is inconclusive, then considering the intent of the legislation at the time of writing.


So passed and adopted by the Board of Commissioners of XXXXXX County, XXXXXX, this XXXX Day of XXXXX, 202X.



NOW, THEREFORE, THE FOLLOWING IS HEREBY RESOLVED BY THE BOARD:


The Board and County do hereby commit to stand and defend at all times, whether during a state of emergency or otherwise, the rights and liberties of the persons in XXXXXX County as guaranteed by the Constitution of the United States and the Constitution of the State of XXXXXX.


XXXXXX County is hereby declared to be a “Constitutional Rights Sanctuary County.”


The Board encourages and requests that all agencies, departments and officers of the County:


Continue to uphold their oaths and take due care at all times, whether during a state of emergency or otherwise, not to infringe upon the rights and liberties of the persons and individuals in XXX County as stated in the Constitution of the United States and the Constitution of the State of XXX;


Review, and change if necessary, any rules, regulations, orders, policies, practices, and governmental documents of legal force for conformity to said Constitutions; and,


Interpret any and all rules, regulations, orders, policies, practices, and governmental documents that exist in contravention to this document in a way that places them in conformity with this document or which invalidates any potion not in conformity with this document; and


Adopt resolutions, proclamations, or commitments similar to this Resolution as necessary for the protection of the Constitutional rights and liberties of the persons and individuals in XXXXX County.


So passed and adopted by the Board of Commissioners of XXXXXX County, XXXXX, this XXXX day of XXXXX, 202X.

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