California Moves a Step Closer to Nullifying Unconstitutional NDAA

The National Defense Authorization Act strips the right of habeas corpus by applying broad detention power, using terms such as “associated forces” and “substantially supported,” thus allowing the federal government to detain and even execute any person, including an American citizen, on U.S. soil without due process. Sections 1021 and 1022 are particularly onerous.

In response, dozens of states and local jurisdictions continue to move toward nullifying this unconstitutional threat against basic civil liberties and human rights.

California is among those who are making significant, bipartisan, nearly unanimous statements to rebuke federal overreach. As we reported earlier, the California Liberty Preservation Act passed through Committee by a unanimous vote 6-0. Now the People’s Blog For The Constitution is reporting on another overwhelming victory.

Assembly Bill 351 was introduced February 13th, 2013 by Republican Assemblyman Tim Donnelly who was originally responsible for getting the issue into Committee. The Daily Caller noted at the time that even though the bill was introduced by a Republican, it received a unanimous vote across party lines.

The bill passed the Democrat-controlled committee 6-0 with the support of a wide-ranging coalition that included the American Civil Liberties Union, Tenth Amendment Center, San Francisco 99% Coalition, San Francisco Board of Supervisors and the Libertarian Party of California. (Source)

The sentiment has now been thoroughly reinforced with the recent response to AB351 receiving a resounding vote of 71-1 to defeat the NDAA. And the language is strong and clear:

This bill would prohibit an agency in the State of California, a political subdivision of this state, an employee of an agency or a political subdivision of this state, as specified, or a member of the California National Guard, on official state duty, from knowingly aiding an agency of the Armed Forces of the United States in any investigation, prosecution, or detention of a person within California pursuant to (1) Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (NDAA), (2) the federal law known as the Authorization for Use of Military Force, enacted in 2001, or (3) any other federal law, except as specified, if the state agency, political subdivision, employee, or member of the California National Guard would violate the United States Constitution, the California Constitution, or any law of this state by providing that aid. The bill would also prohibit local entities from knowingly using state funds and funds allocated by the state to those local entities on and after January 1, 2013, to engage in any activity that aids an agency of the Armed Forces of the United States in the detention of any person within California for purposes of implementing Sections 1021 and 1022 of the NDAA or the federal law known as the Authorization for Use of Military Force , if that activity would violate the United States Constitution, the California Constitution, or any law of this state, as specified.

To see the specific redactions and additions, see the full bill text here.

It is important to note that this latest action is based on the dedicated work of large activist centers such as People Against the National Defense Authorization Act, the Tenth Amendment Center, and the People’s Blog For the Constitution. And yet, as highlighted by PBFC, one California activist stands out, which shows that each of us must take responsibility for driving these important issues into focus.

Art Persyko, an activist with the San Francisco 99% Coalition who put in tireless work to support AB 351, stated:

This is very exciting news for those of us in the SF 99% Coalition and our local allies who’ve been working to oppose the indefinite detention provisions of the NDAA for the past year or so. It’s great to see the California legislature stepping up and standing up for the civil liberties of everyone who lives in our state. With this vote for AB 351, and with our diverse statewide coalition of allies, I am now confident that we can get this bill through the Senate and onto the Governor’s desk for his signature. (Source)

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