Nevada Legislature to Consider NDAA-Nullifying Bill

By:  Joe Wolverton, II, J.D.
12/28/2012
       
Nevada Legislature to Consider NDAA-Nullifying Bill

On December 19, the Nevada chapters of People Against the National Defense Authorization Act (PANDA) announced the introduction of BDR 728, the Nevada Liberty Preservation Act. Sponsored by Nevada State Senator Don Gustavson, the bill will be presented to lawmakers in February, when the state legislature reconvenes.

On December 19, the Nevada chapters of People Against the National Defense Authorization Act (PANDA) announced the introduction of BDR 728, the Nevada Liberty Preservation Act. Sponsored by Nevada State Senator Don Gustavson, the bill will be presented to lawmakers in February, when the state legislature reconvenes.

In a statement announcing the impending introduction of the bill, the Nevada state coordinator for PANDA, Christopher Corbett, said,

I appreciate the community support backing up our efforts and the courage of those members of our governing bodies who are willing to actively protect the constitutional rights of their constituents. We need to restore the Constitutionally protected right to due process for every American.

Any day now, President Obama is expected to sign into law the 2013 version of the NDAA. The president signed the 2012 bill into law on December 31, 2011.

The NDAA contains several unconstitutional provisions that are opposed by a broad spectrum of political action groups.

For example, Sections 1021 and 1022 of the 2012 act declare the United States to be a battlefield in the “War on Terror” and authorize the president of the United States to deploy the armed forces to arrest and indefinitely detain any American he suspects of supporting al-Qaeda, the Taliban, or “associated forces.”

Those Americans grabbed and imprisoned by the president will be afforded none of the due process measures guaranteed by the Constitution. Specifically, those accused by the president of supporting enemies of the state will be arrested and held without charge, will be detained without access to an attorney, and will be imprisoned indefinitely pending the end of the “War on Terror.”

During debate on the latest iteration of the act, Senators Rand Paul (R-Ky.), Mike Lee (R-Utah), and others passed an amendment to the bill protecting the right of a trial by jury to all citizens arrested under the NDAA. This language was subsequently stripped from the compromise version of the bill passed by the House and Senate.

In March during deliberations on the House version of the NDAA, Representative Justin Amash (R-Mich.) offered the only truly comprehensive amendment seeking to remove all unconstitutional provisions from the NDAA.

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