COLUMBIA, S.C. (March 19, 2013) – On Tuesday, South Carolina moved a step closer to refusing cooperation with indefinite detention provisions without due process written in to the National Defense Authorization Act.
The Senate passed S.92 by a 25-15 vote. (See the roll call HERE.)
The bill, sponsored by Sen. Tom Davis, forbids any state compliance with NDAA detention provisions.
No agency of the State, officer or employee of this State, solely on official state duty, may engage in an activity that aids an agency of the armed forces of the United States in execution of 50 U.S.C. 1541, as provided by the National Defense Authorization Act for Fiscal Year 2012, or any subsequent provision of this law in the detainment of any citizen of the United States in violation of Section 3, Article I, and Section 14, Article I of the South Carolina Constitution.”
“If states don’t act, the federal government will continue its march over basic individual rights like due process,” Davis said. “It’s the appropriate role of the states to stand against federal overreach, and act as a constitutional check on unlimited federal power.”
Tenth Amendment Center communications director Mike Maharrey praised the South Carolina Senate for passing the bill, noting the power of state non-compliance.
“The feds depend on state agencies and resources to do pretty much everything. Just look at the so-called ‘war on drugs.’ You rarely, if ever, see a report about a federal drug bust that doesn’t say something like, ‘The DEA, in cooperation with state and local authorities…’ If enough states step up and simply refuse to cooperate with federal kidnapping, it will definitely throw up significant impediments and obstacles in their way.”
The bill will now move on to the House for consideration. It has not yet been assigned to a committee.
ACTION ITEMS
1. Contact your state representative. If you live in South Carolina, it’s not too early to contact your representative. Strongly, but respectfully, urge him or her to support S. 92. You can find House contact information HERE.
2. Encourage your local community to take action as well. Present the Liberty Preservation Act to your city county, your town council, or your county commissioners. Various local governments around the country are already passing similar resolutions and ordinances. Local legislative action present a great way to strengthen a statewide campaign against NDAA indefinite detention
Model legislation here:
http://tenthamendmentcenter.com/ndaa
3. Get connected to what is happening in your state on Facebook
Like and get active on the South Carolina Tenth Amendment Center page. Also join the Nullify NDAA group on facebook here:
https://www.facebook.com/groups/nullifyndaasouthcarolina/
4. Share this information widely. Please pass this along to your friends and family. Also share it with any and all grassroots groups you’re in contact with around the state. Please encourage them to email this information to their members and supporters.
BACKGROUND ARTICLES AND INFORMATION ON NDAA “INDEFINITE DETENTION”
NDAA: Open Season for the Police State
Scary Potential in Sections 1021 and 1022
Note: while some believe that the 2013 NDAA eliminated indefinite detention, it does not. Dianne Feinstein introduced a very weak amendment to 2013 – and it failed anyway. 2012 indefinite detention provisions remain in tact – and the Obama administration is aggressively defending them in court.
Also, a case about indefinite detention is still being heard in federal court. Last year, Federal Judge Katherine Forrest struck down these indefinite detention powers as unconstitutional. She issued a temporary court order blocking the use of these powers. That order was revoked by the appeals court and indefinite detention powers remain while the case is currently on appeal but not decided.
Additionally, when asked by Judge Forrest if the federal government was using indefinite detention in violation of her temporary order blocking it, Barack Obama’s attorneys refused to confirm, leaving the door open that the Feds were potentially using this power in secret, even in outright defiance of an order from the federal courts.
Because of all this, and more, South Carolina stands on strong ground to reject a federal power which has already been struck down in federal court and is still pending appeal.
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