California Passes Tough Anti-NDAA Legislation

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California Governor Jerry Brown signed into law legislation this week that defies the Federal government’s ability to detain that State’s citizens indefinitely under provisions in the 2012 National Defense Authorization Act if they are identified as terror suspects by Federal authorities.

The passage of the law, which passed the State legislature with wild popularity, is similar to laws passed in other U.S. States nullifying the Federal assertion that government has the right to detain American citizens without charge or trial. The California law, authored by Assemblyman Tim Donnelly (R-Twin Peaks), prohibits State and local agencies from aiding an agency of the armed forces of the United States in any investigation, prosecution or detention of a person within California pursuant to Sections 1021 and 1022 of the NDAA in violation of the U.S. Constitution, the California Constitution or any California law. It also prohibits the use of State funds or assets in any such case.

Section 1021 and 1022 gives the President the power to lock up American citizens indefinitely without trial through the military.

“I am proud of the broad-based support that this proposal has received, and encouraged to see so many legislators standing together to protect Californians’ Constitutional liberties against the unconstitutional provisions of the National Defense Authorization Act,” Donnelly said when his bill when it was passed by the State Senate earlier this year.

Donnelly is one of many people who believe that the very idea of allowing the Federal government indefinite detention powers is an affront to the most basic of the Nation’s founding principles.

“Our nation’s legal system, as established by our founding documents, provides the strong protections for the individual who has been accused of crimes, including the right of habeas corpus, the right to due process, the right to a speedy and public trial, and the right to be informed of criminal charges brought against him or her,” Donnelly said. “These rights form the basis of the relationship between individuals and government, and shouldn’t be violated merely because the federal government finds them to be an impediment.”

The Tenth Amendment Center, which has been at the forefront of efforts to undo the NDAA’s indefinite detention provision through a process known as nullification, says that California’s new law is one of the strongest pieces of anti-NDAA legislation passed in the Nation to date.

The right to nullify Federal laws is granted in the Constitution’s 10th Amendment, which states: “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.”

The Tenth Amendment Center largely credits James Madison and Thomas Jefferson with laying the groundwork for nullification activists.

From the organization’s website:

James Madison, known as the Father of the Constitution, gave us a blueprint for stopping federal overreach. In Federalist 46, he argued that a “refusal to comply with officers of the Union” along with other actions at the state and local level would create a situation where the federal government would have an almost impossible time enforcing their acts.   When several states join together and do the same, Madison said  it would “present obstructions which the federal government would hardly be willing to encounter.”

In the Virginia Resolutions of 1798, Madison wrote that “in case of a deliberate, palpable, and dangerous exercise” of power by the federal government, states “have the right, and are in duty bound, to interpose for arresting the progress of the evil.” Thomas Jefferson, in the Kentucky Resolutions of 1798, wrote that “where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy”

“that every State has a natural right in cases not within the compact to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them”

So far, according to the Tenth Amendment Center, California, Virginia and Alaska are the only States to have completely passed legislation which nullifies NDAA’s indefinite detention provision. South Carolina and Michigan have both passed legislation to nullify indefinite detention in their respective State Senates, and legislation to do so has been introduced in Washington, Kansas, Pennsylvania and Rhode Island.

If your State legislature hasn’t taken up the issue, model legislation to nullify indefinite detention can be located here.

Personal Liberty

Sam Rolley

Sam Rolley began a career in journalism working for a small town newspaper while seeking a B.A. in English. After covering community news and politics, Rolley took a position at Personal Liberty Media Group where could better hone his focus on his true passions: national politics and liberty issues. In his daily columns and reports, Rolley works to help readers understand which lies are perpetuated by the mainstream media and to stay on top of issues ignored by more conventional media outlets.

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  • vicki

    And just how does Jerry plan on enforcing this law? With the victim “disappeared” there is no way to know what happened to that citizen.

    • heroay

      The animals are not exactly stealth. They like to make noise and be showy to scare the sheeple and set a precedent for future raids. Notice all these attacks by Policy Enforcers (aka, po-Lice) on individuals, are generally single women, old ladies, old men, lonely younger males, isolated farmers, and the like. And NEVER, where people are constitutionalists and heavily armed. Cheap thugs, drugged thugs, war criminals, and ADL instigated thugs; aka, un-constitutional, un-elected People-fed criminals.

      It’s now the duty of every CA citizen to arm him/herself and be ready for some stupid move by the wannabe impostor bolshevik despots in the D.C. Latrine. Read the threads; citizens ARE itchy about these incidents, and the criminals cannot outdo the People, by a long shot.

      FYI: “…The JAG officer [Navy lawyer] also said that military officers do not want to arrest Americans without trial because they would be turned into a SIEVE meaning Americans have at least 320 million guns and 10-15 billion bullets…” – http://tinyurl.com/prxo3yo

      One other thing is imperative in CA. Californians MUST dump that traitor bolshevik gun maggot Feinkenstein and her accomplice Pelosi and ilk, totally colluded with the bolshevik wannabes at the Latrine, on disarming this Nation for a repeat of the bolshevik massacres in Russia after 1917. NOT here!

      • dan

        best post I’ve seen for awhile…10 more upticks if I had’em

        • heroay

          dan, it IS outrageous what these animals are doing to us, loyal, law abiding citizens. Don’t we wish one Mr. Jefferson would make a timely come back right now, see the filthy mess, and DO what he would DO? End of filthy storee!! And We The People would GLADLY help him CLEAN UP, for good.

    • Robert Messmer

      OK maybe I misread the law but all it says is that California won’t help. It does not say that they will prevent the federal agents from carrying out their unconstitutional arrest.

      • vicki

        If they truly won’t help then they are still part of the problem and the law is far worse then no law because people will think their (local/state) government will do its job and protect them.

  • HueyDude1

    Wasn’t there a law passed in 1865, after the hanging of Mary Surat, that made it illegal for a civilian to be detained, apprehended, etc. by the military? Not only is the NDAA in violation of this, but also the Fourth Amendment. Glad to see that CA is doing something right for a change.

    • heroay

      There is ONLY ONE law enforcement officer in the US: The PEOPLE elected Sheriff. Period. And if not a turn-coat, the ONLY one authorized by the Constitution, NOT by a rigged ‘voting’ machine installed incumbent, to arrest all these criminals and their puppet masters, after all these flagrant MULTIPLE violations to our most elemental God given and Constitution given Rights. And it may come to pass. 2013, may just be The New Beginning for the United States. So Be IT!

      • dan

        most don’t know that the ‘Police” were originally private paper servers that worked for the “Bench”sort of like bail- bondsmen/bounty hunters….and that the FBI was the private railroad security thugs called Pinkerton Detective Agency
        before the prohibitionists decided that they needed a national police force to enforce their federal decrees.

        • heroay

          po-LIce were invented in 1835 to surreptitiously eliminate the elected Sheriff, by the same commie forces as today. They recently at its origin, in Massachusetts, tried to revert duties; po-Lice armed and mighty, while the Sheriff would be an unarmed messenger boy. Failed! Like everything will fail for the animals.

          A lot of dummies still don’t know nor care, that all Letter Soup Agencies, all unconstitutional, are run by agent saboteurs of the bolsheviks, against US, ‘the enemy’. Read their surnames, and vomit. Hemp Rope may be a good investment in the future…

          • dan

            lmao…so THAT’S why they hate hemp so much !

  • dan

    what this? GOOD news from California….Sam , you’ve made my day !
    Now they need to convince Los Angelos police that they’re part of the state
    and that they can’t execute suspects and shoot citizens in the streets.

    • heroay

      ‘convince’ nothing, evict them! Then the Sheriff, if not a turn-coat, can Deputize (po-Lice can’t) the citizenry. No more problemas, no more illegals, no more bolshies up the ladder of corruption. Oh-boy, let’s throw a Freedom party!

  • pnwdave

    Finally, something to like about the government of California. Hope more states jump on that bandwagon and start nullifying unconstitutional federal laws and edicts–and executive orders and rules!

  • Michael Shreve

    The National Defense Authorization Act is UNCONSTITUTIONAL on its face, BUT don’t expect U.S. courts to say so.

    • Robert Messmer

      Well I wouldn’t go so far as to say the whole NDAA is unconstitutional, just a couple of sections of it.

  • http://opinionated-american.com Opinionated American

    California is turning red? NOT! CA will never embrace freedoms without a police state

  • ThomasADurkin

    Jerry Brown badly injured his head in Jane Fonda’s bathtub some time ago
    but somehow the good folks of CA have found him fit to be governor.It really is quite a line-up of IQ record holders that have held that prestigous office in recent years……..Gov.Brown’s brave and courageous stand on giving “illegal” aliens California driver’s licenses is just another example of his foresight and his uncommon drive for law and order in the Golden State !

    Bless him and keep him a beacon of hope for those with serious brain trauma.

  • ThomasADurkin

    ThomasADurkin

    • in a few seconds

    Jerry Brown badly injured his head in Jane Fonda’s bathtub some time ago
    but somehow the good folks of CA have found him fit to be governor.It really is quite a line-up of IQ record holders that have held that prestigous office in recent years……..Gov.Brown’s brave and courageous stand on giving “illegal” aliens California driver’s licenses is just another example of his foresight and his uncommon drive for law and order in the Golden State !

    Bless him and keep him a beacon of hope for those with serious brain trauma.