KrisAnne Hall Reviews the National Defense Authorization Act
AUGUSTA, Maine (March 19, 2012) – The Maine legislature joined the fight against indefinite detention provisions without due process written into the National Defense Authorization Act this week.
On Monday, the Maine House adopted HP1396 on a voice vote, a resolution calling on the president and Congress to “amend the National Defense Authorization Act to clarify that any provisions contained within will not deprive United States citizens of the rights of due process.”
The resolution focuses on ambiguity in sections 1021 and 1022, which could allow for the indefinite detention of people in the United States.
The disagreements and uncertainty in interpretation of the law has raised significant concerns about due process for United States citizens; and the prospect of the indefinite detention of United States citizens violates, without due process of law, basic rights enshrined in the United States Constitution, such as the right to seek a writ of habeas corpus, the right to petition for a redress of grievances, the right to be free from unreasonable searches and seizures and the right to counsel.
Rep. Richard Cebra (R-Naples) sponsored the resolution, and a long list of representatives and senators signed on as cosponsors.
“Last year, I sponsored Maine’s Tenth Amendment Resolution in response to the constant federal trampling on our state’s rights on a number of fronts, he said. “The NDAA 2012 Resolution is in response to the federal government trampling on our individual rights in that law. I believe it is one of the state legislature’s functional, foundational pillars to constantly keep the federal government in check and to respond when her citizens’ constitutional rights are threatened. ”Details
The resolution reasserts that the county officials have sworn an oath to the Constitution of the United States and it is their responsibility to maintain their oath which they will oppose any rules, laws, regulations, bill language, executive orders from an overreaching Federal Government which would effectively take our civil liberties.
Also, the resolution specifically cites sections 1021 and 1022 of the National Defense Authorization Act as mandates the county will not comply with the Federal Government. A key section of the resolution follows:
BE IT RESOLVED, the board of County Commissioners of Moffat County, Colorado, is in opposition to sections 1021 and 1021 of the United States National Defense Authorization Act, and does hereby support the Colorado Constitution and the Constitution of the United States of America and all the freedoms and guarantees as guaranteed by our Founding Fathers and as provided by the brave members of the armed forces.Details
U.S. Sen. Rand Paul (R., KY.) has asked Gov. Bob McDonnell to sign Delegate Bob Marshall’s bill barring Virginia government agencies and employees from aiding in unlimited federal detention of United States citizens without criminal charges or court hearings. (original signed letter here)
Dear Governor McDonnell:
The Father of the Constitution and the architect of the Bill of Rights, Virginia’s own James Madison, would be proud of Virginia’s General Assembly for passing HB1160. This bill defends Virginians constitutional rights by prohibiting any agency, political subdivision, employee, or member of the military of Virginia from assisting in the arrest and detention of American citizens indefinitely, without charges, without legal counsel, and without a trial.
The legislation HB1160 addresses – the National Defense Authorization Act for Fiscal Year 2012 (NDAA) – greatly expands the power and scope of the federal government to fight the War on Terror by codifying into law the indefinite detention of terrorism suspects without trial. Under the NDAA, the President and the military are given the power to carry out domestic anti-terrorism operations on US soil and to detain even US citizens without trial.
Of particular concern is Section 1021, which authorizes the President to use “all necessary and appropriate force,” which “includes the authority for the Armed Forces of the United States to detain covered persons … pending disposition under the law of war.”
I find this to be especially worrisome given that we are engaged in a war that seems to have no end. The rights we give up now may never be restored. The NDAA attempts to repeal fundamental rights guaranteed by our Constitution, and flies in the face of bedrock principles of liberty that pre-date even the Magna Carta.Details
Walt Garlington from the Louisiana State Sovereignty Committee spoke before the Louisiana Tenth Amendment Center on March 10, 2012.
In a straight party line vote Senate Joint Resolution 21 passed 17 to 16 in the Wisconsin Senate on Feb. 22 and was forwarded over to the Assembly where it was sent to the committee on Rules on Feb. 29.
This proposed amendment to the Wisconsin constitution
“… provides that the people have the right to enter into private contracts with health care providers for health care services and to purchase private health care coverage, and prohibits enactment of any law that requires any person to obtain or maintain health insurance coverage or to participate in any health care system or plan.”
The following Senators sponsored this bill:Details
Michael Boldin and Jason Rink kick off the show talking about two new bills from Congress – HR347 and HR5 – the former on new “protest” laws and the latter on republicans pushing for mandates on the states in a big way while claiming to work on a repeal of part of Obamacare.
Jason Rink commenting on Special National Security Events, “These are events where the Secret Service are involved in any way. You could have no knowledge that there is Secret Service present like at the Superbowl. Even if you have no knowledge that the Secret Service is there, and after all, they are Secret Service. This type of event is one where you have very limited options in exercising your free speech and protesting and it can be a Federal crime.
The first guest on the show was Pat Carmack – producer of the documentary, The Money Masters.
There seems to be two streams of thought in this country as to what the Constitution is and means. These two thoughts are diametrically opposed to each other and that is where the difficulties and the conflicts begin, not just between political parties but even within them. The problem is most people do not understand that this basic philosophical difference is the root cause of our political problems.
Let’s backup first and look at what I and many others thought was a problem with our elected representatives; they were not taking their oath to protect and defend the constitution seriously. I think now I was wrong. They do take their oath seriously and they believe they’re defending the constitution. Now, I know there are many of you starting to question my thinking when I make statement like that, especially after writing The Oath; but hear me out.
They are protecting their version of the constitution; okay, now you’re saying wait a minute there is only one US Constitution. Well technically you are right, but here is where the problem arises and this goes back to my opening statement. Something was said on the radio this morning on the way into work that caught my attention and it was this idea of two completely different concepts of what the Constitution is, and I believe this is what is causing the conflict. Well here is the problem, one view of the Constitution is it is a charter of rights, but the opposing view is it is a plan of government; these two thoughts are poles apart.Details
CONCORD, N.H. (March 14, 2012) – Last week, the New Hampshire House passed a Tenth Amendment resolution asserting the states’ powers under both the U.S. and New Hampshire Constitution, and affirming the principles of nullificatio
HR25 passed on a voice vote and became House Session Law. The House clerk will forward copies of the to the President Obama, Speaker of the House Nancy Pelosi, Senate President Joe Biden and all members of the New Hampshire congressional delegation. Bill sponsor Daniel Itse says he also plans to send copies of the resolution to New Hampshire’s sister states.
HR 25 makes several assertions, among them that the federal government has no power to define or punish crimes except for those enumerated in the Constitution, treaties may not delegate powers not already given to Congress in Article 1 Sec. 8, and when the federal government assumes undelegated powers, its acts are unauthoritative, void, and of no force.
The final resolution upholds the principle of nullification, echoing the words of Thomas Jefferson in the Kentucky Resolutions of 1798.Details
Brian Nieves, State Senator from Missouri, recently appeared as a guest on Tenther Radio Episode 37. Nieves, who introduced Senate Bill 819 (Prohibits state enforcement of provisions of the National Defense Authorization Act for Fiscal Year 2012) explained the bill as being, “probably not unlike some of the stuff that’s being filed in other parts of the United States, but basically it just says that this NDAA stuff is not going to work in the state of Missouri. The State of Missouri is going to stand up and say we are a sovereign state, we’re not going to have our constitutional rights violated by this out-of-control Federal Government, and the element of that NDAA act that we found most egregious is just simply not going to be enforced in the state of Missouri.”
As for President Obama signing the NDAA and allowing the Federal Government a huge new power – but then saying that his administration doesn’t have plans to use it – Nieves believes this to be perilous ground for the people of Missouri. “… even if he intends to hold to that, and not detain American citizens – the fact still remains that there is at least the chance that it could happen. And we can’t even allow there to be the chance.”
But despite passage of the Healthcare Freedom Act by vote recently, does Missouri have the backbone to stand up and say no to Washington D.C.? Senator Nieves replied with, “I think the people of Missouri certainly have the backbone to stand up to the Federal Government. Whether or not the Missouri Legislature has the backbone to do that – I’m not as confident in the Legislature as I am in the people of Missouri. And that’s why it’s good we’re getting the word out through these types of resources, so that the people can begin to stand up and demand that our Legislature do the right thing.”Details