In recent weeks, resistance to federal kidnapping powers in the 2012 NDAA (specifically sections 1021 and 1022 of the Act) has been catching on like wildfire. Virginia this year became the first state in the country to pass a binding law refusing compliance with the act. And yesterday, the Rhode Island House of Representatives passed a resolution rejecting the NDAA – becoming the sixth state to do so.
Harder to tame than a willful statehouse might be a cluster of cities and counties, each one individually nullifying through local law. Local communities are standing up to say NO as well. Towns, cities and counties around the country are being presented with model legislation that they can use to consider a resolution or a binding ordinance and in quick time – a number have already voiced their approval of such action.
On February 5, 2012, the Berkeley City Council passed Resolution No. 61,449-N.S. establishing a policy that “the City will cooperate only with constitutionally valid requests from the federal government, and all actions by the Berkeley Police Department will remain in accord with Amendments 4-8 of the U.S. Constitution, the due process clauses of the California Constitution, and the United Nations Charter, Article 55.” Last night, the Council followed on that resolution with another – this one specifically aimed at the “indefinite detention” provisions of the 2012 NDAA.
After unanimously passing the resolution, Berkeley is now the fifteenth local government around the country to have passed similar legislation.
It states, in part:
the indefinite military detention of any person without trial violates the 5th and 6th amendments of the Constitution of the United States, Article III of the Constitution of the United States, and the Posse Comitatus Act;
But the Council, acting on recommendation from the City’s Peace and Justice Commission, didn’t stop at simply denouncing the unconstitutional federal act. They included language to take their response a step further. It states that they will:Details