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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWow! Gov Brown (Calif.) Signs the Nullification of NDAA into law.
By Nick Hankoff on October 2, 2013 in Uncategorized 7
Assembly Bill 351, commonly called the California Liberty Preservation Act, has been signed into law by Governor Jerry Brown making it statewide policy to refuse compliance with federal attempts to enforce indefinite detention made famous by the National Defense Authorization Act of 2012 (NDAA). What began as a marginal issue with little legislative support has unified Californians of all persuasions and brought attention to the proper role the people and their states play in a constitutional republic.
A selection of AB 351 reads:
The United States Constitution and the California Constitution provide for various civil liberties and other individual rights for a citizen of the United States and the State of California, including the right of habeas corpus, the right to due process, the right to a speedy and public trial, and the right to be informed of criminal charges brought against him or her.
Certain provisions of federal law affirm the authority of the President of the United States to use all necessary and appropriate force to detain specified persons who engaged in terrorist activities.
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. The bill would also prohibit local entities from knowingly using state funds and funds allocated by the state to those local entities on and after January 1, 2013, to engage in any activity that aids an agency of the Armed Forces of the United States in the detention of any person within California for purposes of implementing Sections 1021 and 1022 of the NDAA or the federal law known as the Authorization for Use of Military Force , if that activity would violate the United States Constitution, the California Constitution, or any law of this state, as specified.
The bills common name is The California Liberty Preservation Act. Californias legislation takes things a step further than other states, which have implemented nullification legislation with regard to the NDAA.
The bill specifically states:
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 meaning of the legislation takes aim at not only the NDAA provision, but any federal law, which seeks to disregard ones constitutional rights.
Dawson Leery
(19,348 posts)truedelphi
(32,324 posts)I mean, in the words of Tenth Amendment Centers national communications director Mike Mike Maharrey, who tells us-
Lawmakers from both sides of the aisle came together and passed legislation to protect against federal kidnapping, adding that, by saying, No! to indefinite detention and refusing any state cooperation, the California legislature and Gov. Brown just ensured it will be very hard to whisk somebody away in the dead of night and hold them without due process.
BrotherIvan
(9,126 posts)Go Moonbeam!!!!
Downtown Hound
(12,618 posts)I've lived in this state since 1986, and that's the first time I've ever said that and meant it. I would vote for this man from now until doomsday if I was allowed.
livingwagenow
(373 posts)KansDem
(28,498 posts)I'm a native Californian and grew up in the Long Beach area. I graduated high school and attended LBCC for three semesters. I then transferred to SDSU in 1972. Well, during the election of 1974 a couple of students told me they were delaying their graduation a semester because Jerry Brown had just been elected and they wanted to wait until he was sworn in.
Why? They wanted Brown's name on their diplomas instead of "you know who!"
movonne
(9,623 posts)livingwagenow
(373 posts)snappyturtle
(14,656 posts)Jack Rabbit
(45,984 posts). . . and down with the national security state.
[center][/center]
geek tragedy
(68,868 posts)such detentions, more posturing than anything of actual substance.
truedelphi
(32,324 posts)Indefinite detention clause to be upheld (Which this past spring, Judge Forrest refused to allow) any additional ammunition we citizens in California can use to prevent this type of abrogation of our rights sounds pretty good to me.
Hutzpa
(11,461 posts)the hardest working man in poli-trick business.
xiamiam
(4,906 posts)marble falls
(57,073 posts)to not accept any indefinite detained prisoner from any source, including the Federal Government.
truedelphi
(32,324 posts)the prevention of any citizen here in California being kidnapped and held by the Federal Government, than about California accepting prisoners.
More than a few people in California were rounded up secretly by the Federal Government right after Nine Eleven.
They were held simply on account of being of Middle Eastern Decent, and actively participating in their Muslim religion.
In some cases, even close relatives did not know where the apprehended people were for several weeks. (Can you imagine being a parent of a college age son, and suddenly they are no longer in touch, and no one tells you where they are for several weeks?)
I remember the San Jose Mercury running an article explaining what happened to one such young man. He first lost his car, which had been almost totally paid off, but in the first weeks of his incarceration, he certainly could not make car payments. He also lost his job, and his fiancee eventually broke their engagement. Upon his release, he had to argue with his college to not give him incompletes and "F"'s on various school subjects, since he had not decided not to go to his classes, but had been stopped from doing that.
I have no idea if he was able to sue for damages, upon his release. but there never seemed to be any real reason for holding him, other than his skin was brown, and his last name and ethnicity identified him as Middle Eastern descent!
And he was just one example.
marble falls
(57,073 posts)truedelphi
(32,324 posts)But it does make it harder for any Presidential Administration to say, "The people of the state of Calif. are 100% behind me in my need to have the NDAA to help us fully secure the democracy that this nation stands for. (And Blah blah blah."
marble falls
(57,073 posts)to make California law on this more of an road map and a lot less of an exception.
sabrina 1
(62,325 posts)the Constitution when Bush implemented these medieval laws and it still is astounding that any nation claiming to be a democracy would support this in any way.
If all the states oppose it, maybe finally, we can turn back the clock on these egregious Bush policies.
bklyncowgirl
(7,960 posts)I know he's up there in years but he still seems to get things done and frankly, getting California's fiscal house in order was nothing short of a miracle. I also think that governors with a long list of accomplishments seem to make the most effective presidents.
I always liked the guy from a distance. I supported him when he ran against Clinton in the primaries. Is there any chance he might be interested in going for it one more time?
Tikki
(14,556 posts)Some health reasons and his age. But we love him here and
I can proudly say I voted for him many times.
Tikki
Renew Deal
(81,855 posts)Enthusiast
(50,983 posts)This is amazing.