Ending Indefinite Detention Through Nullification

On Tuesday, March 20, 2012, the Tenth Amendment Center, in partnership with the Bill of Rights Defense Committee and Demand Progress, held a joint media conference to brief journalists about national momentum against NDAA detention powers. The following is what was introduced by Blake Filippi at the start of that conference

NOTE: Blake Filippi will be a featured speaker at Nullify Now! Philadelphia. Get tickets here – http://www.nullifynow.com/philadelphia/ – or by calling 888-71-TICKETS

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My name is Blake Filippi, director of the Rhode Island Liberty Coalition and spokesman for the Tenth Amendment Center.

In 1850, when Congress passed what was known as the “Fugitive Slave Act,” the federal law compelled people of all states to assist federal agents with the apprehension of suspected runaway slaves and brought all trials involving alleged fugitive slaves under federal jurisdiction. It included large fines for anyone who aided a slave in their escape, even by simply giving them food or shelter. The act also suspended habeas corpus and the right to a trial by jury for suspected slaves, and made their testimony non-admissible in court.

This was an atrocity.

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Demolishing Due Process

by Ron Paul

It is ironic but perhaps sadly appropriate that Attorney General Eric Holder would choose a law school, Northwestern University, to deliver a speech earlier this month in which he demolished what was left of the rule of law in America.

In what history likely will record as a turning point, Attorney General Holder bluntly explained that this administration believes it has the authority to use lethal force against Americans if the President determines them to be a threat to the nation. He tells us that this is not a violation of the due process requirements of our Constitution because the President himself embodies “due process” as he unilaterally determines who is to be targeted. As Holder said, “a careful and thorough executive branch review of the facts in a case amounts to ‘due process.’” That means that the administration believes it is the President himself who is to be the judge, jury, and executioner.

As George Washington University Law Professor Jonathan Turley wrote of the Holder speech:

“All the Administration has said is that they closely and faithfully follow their own guidelines — even if their decisions are not subject to judicial review. The fact that they say those guidelines are based on notions of due process is meaningless. They are not a constitutional process of review.”

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