SALT LAKE CITY (March 8, 2012) – Lawmakers in Utah continue to wrangle over a resolution condemning the detention provisions in sec. 1021 and 1022 of the National Defense Authorization Act.
Originally, SCR11 expressed “strong disapproval” of sections 1021 and 1022 of the NDAA, and called for the repeal or clarification of the offending provisions. Ultimately the Senate gutted the resolution through amendment, changing “strong disapproval” to “concern.” The amended bill also removed the call for repeal and stripped out language referring directly to the detention provisions in the NDAA.
NOW, THEREFORE, BE IT RESOLVED that the Legislature of the State of Utah, the Governor concurring therein, urges the United States Congress to clarify Sections 1021 and 1022 of the 2012 NDAA…
The Senate passed this tepid resolution 28-0 on March 2, sending it to the House for consideration.
In the House, Rep. Daniel McCay (R – Riverton) substituted a new version of the bill, restoring the stronger language condemning detention without due process under the NDAA and once again calling for repeal or clarification.
WHEREAS, it is indisputable that the threat of terrorism is real and that the full force of appropriate and constitutional law must be used to defeat this threat; however, winning the war against terror cannot come at the great expense of mitigating basic, fundamental, constitutional rights:
NOW, THEREFORE, BE IT RESOLVED that the Legislature of the State of Utah, the Governor concurring therein, expresses strong disapproval of an interpretation and application of Section 1021 or 1022 of the 2012 NDAA that violates a right guaranteed by the United States Constitution and the Utah Constitution.
BE IT FURTHER RESOLVED that the Legislature of the State of Utah, the Governor concurring therein, urges the United States Congress to repeal or clarify Sections 1021 and 1022 of the 2012 NDAA to protect the rights guaranteed by the United States Constitution and the Utah Constitution.
On Wednesday, the House unanimously passed the strongly worded resolution 71-0 and sent it back to the Senate.
On Thursday, the Senate refused to concur with the amended House version, and the House refused to recede from its amendments. That threw the bill to a conference committee where members of both chambers currently seek to hammer out a compromise.
Utah citizens need to take action and insist that their representatives do their duty and protect the people of the Beehive State. James Madison said the states “have the right, and are in duty bound, to interpose for arresting the progress of the evil.”
Clearly, granting the federal government power to kidnap people on American soil and hold them indefinitely counts as a “deliberate, palpable, and dangerous exercise of other powers, not granted by the constitution.”
Utah residents: contact your representative and senator, and politely, but firmly, insist that they pass the stronger version of SCR11. Send emails AND call their offices.
You can find contact information Utah lawmakers HERE.
If you are not a Utah resident, you can take action as well. Nine other states are currently considering legislation fighting NDAA detention. If your state doesn’t stand among those, download the Liberty Preservation Act legislation and suggest your representative or senator file it.
You can track Liberty Freedom Act legislation across the U.S. HERE.
You can find the model legislation HERE.