The following was written by California State Assemblymember Tim Donnelly, sponsor of Assembly Bill 351, legislation that addresses the “indefinite detention” powers of the 2012 NDAA and other federal “laws.”
I find it absolutely amazing how far our country has digressed politically since its founding in 1787. Take, for example, the latest Obama Administration scandals: Soylndra, Benghazi, Fast & Furious, the IRS profiling various Conservative political organizations, domestic wiretapping probes on AP journalists, and the PRISM program run by the NSA.
There comes a time when you have to take a stand against a government that has grown far beyond its morally and constitutionally justifiable authority; a government that is making confident legislative strides to seize more power which it should not have; and a government that is increasing regulations left and right.
Concurring in my prescription, Alexander Hamilton once said: “If the federal government should overpass the just bounds of its authority and make a tyrannical use of its power, the people, whose creature it is, must appeal to the standard they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify.”
In my capacity as a state assemblyman in California, I have spearheaded legislation that would decrease the size of government and preserve our freedoms. One such example would be Assembly Bill 351, which I introduced in mid-February.
AB 351 would prohibit California authorities from participating in sections 1021 and 1022 of the NDAA. Both of these statutes violate the First, Fourth, Fifth, Sixth, Eight, and 14th Amendments of the United States Constitution.
If AB 351 is signed into law, it could serve as the impetus behind which other state legislatures choose to follow. It is imperative that we make the federal government realize they cannot casually strip away the rights of Americans without some form of resistance.
I would like thank everyone who has called, emailed, and met with their representatives. Without the support, AB 351 would not have made it as far as it has in the legislative process. We just have one last hurdle, getting it out of committee, off the Senate floor, and to Governor Jerry Brown’s desk! It is set to be heard in the Senate Appropriations Committee on August 12 at 1:30 P.M. in room 4203.
1. Contact your state senator. California residents are strongly encouraged to contact their state senators immediately to request support for AB351. (contact info here)
2. Share this information widely. Please pass this along to your friends and family. Also share it with any and all grassroots groups you’re in contact with around the state. Please encourage them to email this information to their members and supporters.
3. Join the NDAA activist group on Facebook. Connect with others, plan strategy, build a coalition, and help get AB351 passed!
If passed into law, AB351 would make it state policy to reject “indefinite detention” powers from the federal government. It reads, in part:
It is the policy of this state to refuse to provide material support for or to participate in any way with the implementation within this state of any federal law that purports to authorize indefinite detention of a person within California. [emphasis added]
This language of AB351 goes far beyond what has been considered in most other states, which focus solely on indefinite detention powers under the 2012 National Defense Authorization Act (NDAA), and nothing else. Donnelly’s legislation broadens the scope by recognizing that indefinite detention should not be complied with no matter what federal law is used to justify it. Donnelly confirmed this broad scope, “AB351 will prevent California from implementing indefinite detention for any reason.”
This would make a HUGE dent in any federal effort to detain without due process in California. As Judge Andrew Napolitano has said recently, such widespread noncompliance can make a federal law “nearly impossible to enforce” (video here). Quite simply, the federal government is going to have an extremely difficult time – at best – carrying out indefinite detention in California without the assistance of California.
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