Plethora of cities, counties and states seeking to nullify the NDAA

By Brent Daggett

Contributing writer for End the Lie

(Image credit: Lauriel-Arwen/Flickr)

(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

City

State

Legislation #

Status

Berkeley CA Resolution Passed
Fairfax CA Resolution Passed
Hollywood CA Introduced
San Diego CA Introduced
Santa cruz CA Resolution Passed
Santa Cruz CA Introduced
Miami FL Introduced
Cherokee City KS Resolution Passed
Northampton MA Resolution Passed
Takoma Park MD Resolution Passed
Portland ME Introduced
Chapel Hill NC Introduced
Durham NC Introduced
Raleigh NC Introduced
Albuquerque NM Introduced
Albany NY Introduced
Macomb NY Resolution Passed
New York City NY Introduced
Tulsa OK Introduced
New Shorehampton RI Resolution Passed
Dallas TX Introduced
Springfield VA Introduced
Tacoma WA Introduced

County

County

State

Legislation #

Status

Moffat County CO Resolution Passed
Weld County CO Resolution Passed
Fremont County CO Resolution Passed
Montgomery County MD Introduced
Allegan County MI Resolution Passed
Oakland County MI Resolution Passed
Alleghany County NC Resolution Passed
Fulton County PA Resolution Passed
Elk County PA Resolution Passed

State

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

State

Bill #

Status

PANDA Endorsed?

Arizona HB 2573 Introduced Not yet
Colorado HB 1045 Introduced Yes, with Amendments to be added in Committee
Georgia HB 92 Introduced Not yet
Indiana SB 400 Introduced Yes, with Amendments to be added in Committee
Kansas HB 2161 Introduced Not yet
Massachusetts HD 3147 Introduced Not yet
Michigan HB 4138 Introduced Not yet
Mississippi SB 2689 Died in Committee Not yet
Missouri HB 57 Introduced Not yet
Nevada BDR 728 Introduced Not yet
North Carolina ? Introduced Not yet
Oklahoma HB 1487 Introduced Not yet
South Carolina SB 92 Introduced Not yet
Texas HB 149 Introduced Not yet
Washington HB 1581 Introduced Not yet
West Virginia ? Introduced Not Yet
Wyoming HB 114 Died before reaching House floor. Yes w/ amendment added in committee 1/26/13

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

Edited by End the Lie

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4 Responses to Plethora of cities, counties and states seeking to nullify the NDAA

  1. Anonymous February 17, 2013 at 7:10 PM

    here’s to their success.

    lets hope it works

    unfortunately the feds could just come in and enforce it over them

    Reply
  2. Nora March 1, 2013 at 1:39 PM

    There’s a bigger problem than just this unconstitutional act, which is bad enough, but the members of congress that either got behind the NDAA or the ones who were asleep at the wheel need to be sued for failure to do their job–to preserve, protect and defend the constitution. Every single member of congress who voted in favor of this nonsense should be removed like Tom Delay of Texas was. Sue these criminals and seize their assets. Strip them of all the perks like government healthcare plans and pensions that go along with service in the legislative branch. Until these people go, we will continue to struggle to protect the rights we are entitled to under our legitimate government. We’ll have to tear down the fear mongering pentagon too– part of the illegitimate shadow government.

    Reply
  3. Toby March 4, 2013 at 4:01 PM

    Boxer and Feinstein in CA need to be arrested and put in the same cell as Obama and both Bush’s

    Reply
  4. drew March 14, 2013 at 11:58 AM

    Everyone needs to call their city to the carpet at their city council meeting and get their cities nationwide to pass a bill protecting their people from this illegal executive order! In a free country this is inexcusable and shows how far the drain we have allowed ourselves to fall!

    Reply

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