CA Governor Signs Bill Nullifying NDAA Indefinite Detention
October 2nd, 2013
The National Defense Authorization Act for Fiscal Year 2012 contains a provision in which the federal government claims to have the authority to indefinitely detain individuals suspected of terrorist activity, including US citizens. This extraordinary assertion of power violates several legal principles aimed at protecting civil liberties like due process, habeas corpus, the right to a speedy trial, and the requirement that suspects be informed of charges facing them. Essentially, the NDAA indefinite detention provision overturns hundreds of years worth of advancements in human rights, some of which date back to the Magna Carta.
Civil liberties advocates scored a major victory this week as California Governor Jerry Brown has officially signed Assembly Bill 351 into law. AB351 reiterates the fundamental rights of US and California citizens and bars state-level law enforcement agencies from participating in indefinite detentions of terrorism suspects. The bill swept through the California legislature with near-unanimous support, with only one lawmaker voting against it.
AB351 Nullifies the Indefinite Detention Provision of the NDAA
By re-asserting a wide range of fundamental rights that the NDAA indefinite detention provision violates, AB351 effectively nullifies the anti-terrorism measure. As an enforcement mechanism, the bill prohibits state-level law enforcement agencies from participating in unconstitutional detentions. AB351′s text states, “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.”
In fact, California’s NDAA nullification bill technically bans state-level law enforcement agencies from enforcing any federal law which violates the US or California Constitution. Depending on how this is interpreted by the courts, AB351 may also protect citizens from additional unconstitutional abuses, beyond those outlined in the 2012 NDAA. It also forbids localities from knowingly using state funds to enforce unconstitutional laws.
Anti-NDAA Movement Takes Hold Nationwide
California is not the only state to pass a law banning indefinite detentions. Virginia and Alaska have also passed similar laws. Seven more states have introduced bills to that effect. In four of those states, such measures have already passed one or more legislative House. The Tenth Amendment Center maintains a web page which tracks bills that would nullify the indefinite detention provision of the NDAA.
To be completely fair, California Governor Jerry Brown is hardly a friend of the liberty movement. He routinely supports statist, big government policies that enhance the power of government at the expense of citizens’ fundamental rights. However, his decision to put his foot down when it comes to the indefinite detention of US citizens was extraordinarily courageous. California is a large and in some ways trend-setting state, and Jerry Brown’s decision to sign AB351 into law will lend credibility to activists working to accomplish the same goal in other states.
Governor Jerry Brown, the California legislature, and all the activists who worked long hours to promote Assembly Bill 351 are the recipients of this week’s Rebel of the Week award.
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