By Brent Daggett

Contributing writer for End the Lie

(Image credit: Lauriel-Arwen/Flickr)

While the arguments in Hedges v. Obama are in full swing over the draconian indefinite detention provisions of the 2012 National Defense Authorization Act (NDAA), many states, cities and counties are also taking action in an attempt to nullify the law.

For those unfamiliar with the unconstitutionality of the indefinite detention provisions of the NDAA, it essentially strips a person’s right to due process.

Still, the fight to restore our civil liberties continues to be unleashed across the country.

On February 12, 2013 Indiana and South Carolina passed anti-NDAA bills through their senate committees with large margins.

Indiana’s SB 400 “prohibits specified individuals and entities in Indiana from aiding an agency of the armed forces of the United States in the investigation, prosecution, or detention of a person under a provision of the National Defense Authorization Act (NDAA), or similar law providing for indefinite detention.”

A previous version of Indiana’s SB 400 included misdemeanor criminal charges for federal agents whom try to use the NDAA to indefinite detain any person in Indiana but the panel removed that provision from the bill according to the Associated Press.

“Given recent federal policies with vague preservations, I feel it necessary that Indiana law expressly state it will not support unconstitutional actions,” said State Senator Jim Banks in a press release. “If Washington laws do not adequately defend our personal liberties, it’s our duty as a state to be proactive in ensuing these freedoms are projected. That’s what my legislation will accomplish.”

Senator Banks is not the only senator standing up against NDAA.

South Carolina State Senator, Tom Davis, pre-filed Senate Bill 92 last year, which was the NDAA Nullification Act of 2013.

SB 92 states, “No agency of a political subdivision of the State, officer or employee of the State, officer or employee of a political subdivision, acting in his official capacity, to include any member of the South Carolina Military Department on official duty, or employees of any state or local detention facility may engage in any activity that aids an agency of armed forces of the United States in execution of 50 U.S.C. 1514, as provided by the National Defense Authorization Act for Fiscal Year  2012 , in the investigation, prosecution, or detainment or any citizen of the United States in violation of Section 3, Article 1, and Section 14, Article 1 of the South Carolina Constitution.”

The next step for the two states is to have a debate in their Senate.

Besides the aforementioned states, here is a breakdown of cities, counties and states where legislation has be devised in order to restrict the NDAA provisions, according to PANDA (People Against the NDAA):

City

County

State

*Note, if a bill is not endorsed it means the language is not yet strong enough to prevent indefinite detention.

With the litigation and legislation currently being pursued, let’s hope dignity and justice will be restored.

Edited by Madison Ruppert

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