Arizona Representative Carl Seel, along with Representatives Jeff Dial, Debbie Lesko, Bob Thorpe, Sonny Borrelli, Phil Lovas, Warren Petersen, Judy Burges, Brenda Barton have introduced a bill that would prohibit the unconstitutional use of federal power by indefinitely detaining American citizens without charge or trial.
HB2573 would amend Arizona revised statutes by adding a section relating to the national defense authorization act of 2012. The bill states:
“A. This state and any agency of this state shall not provide material support or participate in any way with the implementation of sections 1021 and 1022 of the national defense authorization act of 2012 (P.L. 112‑81) against any citizen of the United States. B. The director of the department of public safety or a sheriff of a county shall report to the governor and the legislature any attempt by agencies or agents of the federal government to secure the implementation of sections 1021 and 1022 of the national defense authorization act through the operations of that or any other state department.”
“A. The legislature finds that the enactment into law by the United States Congress of sections 1021 and 1022 of the National Defense Authorization Act of 2012 is inimical to the liberty, security and well-being of the people of Arizona and that those sections were adopted by Congress in violation of the limits of federal power in the United States Constitution. B. The legislature further finds that sections 1021 and 1022 of the National Defense Authorization Act of 2012, as they purport to authorize the detainment of persons captured within the United States without charge or trial, military tribunals for persons captured within the United States, and the transfer of persons who are captured within the United States to foreign jurisdictions, violate the following rights enshrined in the Constitution of the United States.”
Finally, citing constitution violations:
“1. Article I, section 9, clause 2 relating to the right to seek a writ of habeas corpus. 2. The First Amendment right to petition the government for a redress of grievances. 3. The Fourth Amendment right to be free from unreasonable searches and seizures. 4. The Fifth Amendment right to be free from charge for an infamous or capitol crime until presentment or indictment by a grand jury. 5. The Fifth Amendment right to be free from deprivation of life, liberty or property without due process of law. 6. The Sixth Amendment right in criminal prosecutions to enjoy a speedy trial by an impartial jury in the state and district where the crime was allegedly committed. 7. The Sixth Amendment right to be informed of the nature and cause of the accusation. 8. The Sixth Amendment right to confront witnesses. 9. The Sixth Amendment right to counsel. 10. The Eighth Amendment right to be free from excessive bail and fines, and cruel and unusual punishment. 11. The Fourteenth Amendment right to be free from deprivation of life, liberty or property without due process of law.”
HB2573 has not been assigned to a Committee yet but should be soon.
It’s important to note that in 2012, Governor Brewer vetoed similar legislation saying the state, “would have a hard time enforcing the criminal penalties associated with violations of the bill.” This time around, we hope to at least pass a bill that would protect the right to due process and to prohibit all Arizona assistance with indefinite detainment of American citizens without charge or trial.
LEGISLATION AND TRACKING
If you would like to see model legislation to introduce in your state to nullify the National Defense Authorization Act, please see The Tenth Amendment Center’s Model Legislation: Liberty Preservation Act
Track the status of Liberty Preservation Acts in states around the country HERE
If you live in Arizona, contact your state legislator. Let him or her know of your concern for the unlawful detainment of American citizens without charge or trial and that you expect support of this legislation. Click here for contact information.
If you live outside of Arizona, still contact your state legislator. Inform him or her that you hope similar legislation will be introduced in your state.
Also, you may want to contact the sponsors of this bill and thank them: Representatives Carl Seel, Jeff Dial, Debbie Lesko, Bob Thorpe, Sonny Borrelli, Phil Lovas, Warren Petersen, Judy Burges, Brenda Barton