Arizona Bill Would Nullify NDAA's Indefinite Detention

By:  Joe Wolverton, II, J.D.
Arizona Bill Would Nullify NDAA's Indefinite Detention

A committee of the Arizona state Senate has approved a bill that would nullify any and all federal laws, including the National Defense Authorization Act (NDAA), that would permit the indefinite detention of American citizens.

By a vote of 4-3, the Committee of Government and Environment passed SB 1291, prohibiting the federal government from trampling the Bill of Rights and permanently incarcerating citizens upon  the order of the president, as provided for in the NDAA beginning in the 2012 version.

The measure, sponsored by State Senator Judy Burges, declares that it is “unconstitutional and unlawful for any person to”:

arrest or capture any person in this state or any resident of this state within the United States with the intent of detention under the law of war.

actually subject a person in this state to disposition under the law of war.

execute any person in this state or any resident of this state within the United States without judicial sentencing after trial and conviction in a court ordained and established under Article III of the United States Constitution or under the Constitution of Arizona.

The specific language of this bill makes it an especially powerful defense against federal efforts to curtail fundamental civil liberties in the name of fighting the “War on Terror.” 

For example, rather than simply refusing to enforce the offensive provisions of the NDAA (Sections 1021 and 1022), Burges’ bill outlaws participation with “any treaty, federal, state or local law or authority” that would seek to grant similar authority to the government.

The bill was drafted by the Arizona state coordinator of the Tenth Amendment Center and Dan Johnson, founder of the People Against the NDAA (PANDA).

“This will be Arizona’s third attempt to essentially nullify the NDAA’s kidnapping and indefinite detainment provisions — which blatantly violate several portions of the Constitution,” Henriksen said, as quoted in a PANDA press release. ”I look forward to working with Dan to stop that.”

Referencing a recent statement by Supreme Court Justice Antonin Scalia, Johnson said, “We would be kidding ourselves if we didn’t think the Supreme Court would approve another WWII, Japanese-American style, internment. With SB 1291, Arizona has a chance to join several states to head this off and avoid repeating a dark part of American history.”

The hour is urgent. It is vital to remember the history of the enactment of these unconscionable and unconstitutional provisions and to remind lawmakers of their obligation to prevent them from being imposed upon the people they represent.

As for the NDAA’s assault on liberty, a bit of history is in order.

Click here to read the entire article.

Photo: AP Images

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