California NDAA Nullification Bill Passes Assembly Committee Unanimously - Tenth Amendm... - 1 views
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Absolutely stunning news!!!! Tea Party Patriots and liberal progressive democrats have combined their efforts and passed the single most significant NDAA nullification Act yet. AB351 now heads for debate and vote of the general California Assembly. "Today, the California Public Safety Committee voted unanimously in favor of Assembly Bill 351 (AB351), the California Liberty Preservation Act. Introduced by Republican Assemblymember Tim Donnelly, AB351 is a strong stand against "indefinite detention" as supposedly authorized by the National Defense Authorization Act (NDAA) of 2012. It declares such federal power to be unconstitutional and also requires the entire state to refuse to enforce or assist its implementation. A broad coalition officially supported the legislation and moved the normally partisan, and strongly democratic committee to support the republican-introduced legislation. AB351 was supported by the ACLU, Tenth Amendment Center, San Francisco 99% coalition, San Francisco Board of Supervisors, the Libertarian Party of California - and many others. AB351 establishes the proper constitutional role by first citing the 10th Amendment as limiting the power of the federal government as to that which has been delegated to it and nothing more. The Tenth Amendment to the United States Constitution authorizes the United States federal government to exercise only those powers specifically delegated to it in the United States Constitution. It then declares the indefinite detention powers under NDAA to be unconstitutional: Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (NDAA) codifies indefinite military detention without charge or trial of civilians captured far from any battlefield, violating the United States Constitution and corroding our nation's commitment to the rule of law Most importantly, the bill requires the entire state apparatus, including all local governments, to refuse to implement the fede
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IMHO, both the NDAA and the Patriot-Act AUMF are un-Constitutional. But as the Lawfare article points out, on those few occasions where this crap has been legally challenged, the Courts have upheld Habeas Corpus and the Constitution.
The more troublesome aspect of the NDAA is twofold. One is that Obama assumes that the AUMF has already given him legal authority to stomp on the Posse Comitatus Act, and use the federal military as his own domestic police force. Obama has also stated that under the 2001 AUMF, he can assault, arrest and detain any citizen indefinitely, without charges, writ of Habeas Corpus, or warrant. (See Jonathan Hurley's account of the the legal seminar where Obama representatives explained their interpretation of AUMF, the Patriot Act and NDAA).
That's a scary interpretation of the AUMF quite out of line with Bush understanding and actual implementation, and, more importantly, how the Courts ruled on Bush's actions in support of the Constitution. Anyone know where i can sign on to a petition presenting a Bill of Particulars for Articles of Impeachment? It's past time. NDAA FAQ: A Guide for the Perplexed by Benjamin Wittes (Benjamin Wittes & Robert Chesney)
The volume of sheer, unadulterated nonsense zipping around the internet about the NDAA boggles the mind. There was a time-only a few months ago-when the NDAA detention provisions were the obscure province of a small group of national security law nerds.