A bill to protect Ohioans from what amounts to blatantly unconstitutional federal kidnapping has finally been introduced in the Buckeye State.
Ohio Representatives Jim Butler and Ron Young introduced HB354 on November 19, 2013. This bill specifically prevents state and local law enforcement officials in Ohio from assisting the federal government in any investigation, prosecution, or detention of any person in Ohio that would result in that person’s loss of the right of due process.
HB354 states that “no agency of this state, political subdivision of this state, employee of either acting in the employee’s official capacity, or any member of the Ohio organized militia, when such a member is serving in the Ohio organized militia on official state duty, shall knowingly aid an agency of the United States in any investigation, prosecution, or detention of a person within this state, pursuant to any of the following laws, if the agency, political subdivision, employee, or member would violate the United States Constitution or the constitution of this state.”
The Cosponsorship Request stated that “We have three branches of government for a reason; each branch checks and balances the power of the others. Sections 1021 and 1022 of the NDAA are an assault on our judicial system, and on our rights. Flagrantly ignoring the right of habeas corpus, these provisions of the NDAA have the potential to circumvent the authority of the judicial branch and allow for the unconstitutional treatment of citizens and residents of our country and state.”
Although state non-compliance is only the first step, this would make a HUGE dent in any effort to further restrict due process and would be a big step forward for Ohio. It would also create shockwaves around the rest of the country. As Judge Andrew Napolitano has said recently, such widespread noncompliance can make a federal law “nearly impossible to enforce” (video here). And in those limited situations where enforcement does occur, Rosa Parks has taught us all the power of “NO!” Passage of HB354 would mark the beginning of the end of NDAA indefinite detention in Ohio.
In addition to introducing HB354, Representatives Butler and Young also introduced HCR41 “To condemn Section 1021 of the National Defense Authorization Act of Fiscal Year 2012 and to urge the Attorney General of the State of Ohio to bring suit to challenge the constitutionality of Section 1021 of the National Defense Authorization Act of Fiscal Year 2012.”
HCR41 sites numerous constitutional violations including betrayal of Article 1, Sections 1, 3, 4, 5, 8, 9, 10, 14 and 16 as well as the 1st, 4th, 5th, 6th, 8th and 14th Amendments.
Both HB354 and HCR41 have a dozen Republican cosponsors, but unfortunately none of the 39 Democrats in the Ohio House have signed on yet. Indefinite detention is an issue that transcends partisan politics so HB354 should receive bipartisan support once it makes it out of committee.
ACTION ITEMS for Ohio
1. Contact your State Representative. Strongly, but respectfully, urge her/him to support HB354 and HCR41. Let them know that you want to see a vote on principle, not party, and that some issues transcend partisan politics. Indefinite detention is one of those issues – where people from across the political spectrum can set aside differences to do what’s right.
Find your legislator here:
2. Share this information widely. Please pass this along to your friends, family, neighbors and coworkers. 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.
3. Join the NDAA activist group on Facebook. Connect with others, plan strategy, build a coalition, and help get HB354 passed! To join our Nullify NDAA Ohio Facebook group click HERE.
To keep track of efforts to Nullify NDAA throughout the country click HERE.
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