California: Do-or-Die to Stop NDAA “Indefinite Detention”

On April 9th, the California Assembly Public Safety Committee voted unanimously in favor of Assembly Bill 351 (AB351), the California Liberty Preservation Act.    The bill has now been assigned to the Assembly Committee on Appropriations with a hearing and vote scheduled for May 15, 2013.

Introduced by Republican Assemblymember Tim Donnelly, AB351 is a strong stand against “indefinite detention” as supposedly authorized by the National Defense Authorization Act (NDAA) of 2012.  It declares such federal power to be unconstitutional and also requires the entire state to refuse to enforce or assist its implementation.  A broad coalition officially supported the legislation and moved the normally partisan, and strongly democratic, committee to support the republican-introduced legislation.

The appropriations committee is going to be an even tougher path, but an endless stream of strong, but respectful phone calls to committee members in favors is likely to give the bill a chance as passing.

ACTION ITEMS for California

1.  CALL the chair of the Appropriations Committee.  Thank him for scheduling a hearing on AB351, and politely encourage him to vote YES on AB351.

Mike Gatto (916) 319-2043

2.  CALL all the other members of the Appropriations Committee.  Strongly, but respectfully, urge each of them to vote YES on AB351.  Let them know you want a vote on PRINCIPLE and not party.

Diane Harkey – (916) 319-2073
Franklin Bigelow – (916) 319-2005
Raul Bocanegra – (916) 319-2039
Steven Bradford – (916) 319-2062
Ian Calderon – (916) 319-2057
Nora Campos – (916) 319-2027


IRS Chief, Who Defended Illegal ‘ObamaCare’ Taxes, also Denied Targeting of Tea-Party Groups

by Michael Cannon, CATO Institute

In 2011, members of Congress began criticizing a proposed IRS rule implementing ObamaCare’s health insurance tax credits. They claimed that the proposed rule violated the clear language of the Patient Protection and Affordable Care Act, as well as congressional intent, by issuing those tax credits in states that declined to establish a health insurance “exchange.” In effect, they claimed the proposed rule would result in the federal government taxing, borrowing, and spending hundreds of billions of dollars without congressional authorization.

At the time, then–IRS commissioner Douglas Shulman leapt to his agency’s defense. He wrote that various provisions of the statute “support” the rule. He wrote that the “relevant” legislative history doesn’t show that Congress didn’t want the IRS to tax, borrow, and spend those hundreds of billions of dollars. He wrote that the proposed rule is “consistent with the language, purpose, and structure” of the law. The only thing he didn’t do was cite a provision of the law authorizing the rule, or even creating any ambiguity about the rule’s illegality.

The IRS finalized that illegal rule in May 2012. You can read all about it in my article with Jonathan Adler, “Taxation Without Representation: The Illegal IRS Rule to Expand Tax Credits Under the PPACA.”