After some back-and-forth, and give-and-take, both the Utah House and Senate unanimously passed a compromise resolution addressing the detention provisions in the National Defense Authorization Act.

SCR11 “expresses concern” over the indefinite detainment in the NDAA and “urges the United States Congress to clarify, or repeal if found necessary, Sections 1021 and 1022 of the 2012 NDAA to ensure protection of the rights guaranteed by the United States Constitution and the Utah Constitution.”

The resolution also reaffirms the right to due process under both the U.S. and state constitutions.

WHEREAS, the indefinite military detention of a citizen in the United States without charge or trial violates the right to be free from deprivation of life, liberty, or property without due process of law guaranteed by the United States Constitution, Amendment V and Utah Constitution, Article I, Section 14.

The final version of the resolution was not as strongly worded as the bill passed by the House, which expressed “disapproval of” sections 1021 and 1022, included more emphatic language describing the intent of those sections and called for outright repeal. But the compromise resolution was much stronger than the tepid bill first passed by the Senate. (Read about the legislative wrangling HERE.)

Ultimately, lawmakers hammered out differences in a conference committee. The final resolution passed the House 71-0 (with four not voting) and sailed through the Senate 26-0 (with three not voting).

The resolution now goes to Gov. Gary Herbert for his signature.

“While the language in the resolution was not as strong as we’d originally hoped, the fact that this resolution unanimously passed both legislative chambers in Utah indicates the overwhelming concern about the danger these NDAA detention provisions pose,” Tenth Amendment Center communications director Mike Maharrey said. “Sure, the president and some members of Congress tell us these kidnapping provisions don’t really apply to us, but the very fact that there is so much disagreement about what it really means should make anybody nervous. It’s like a loaded gun sitting on the table. Do you really want to trust in the moral clarity and good judgment of these politicians to protect you from one them picking it up and pointing it at you head?”


If you live in Utah, send your senator and representative a note, or give them a call, and thank them for taking a stand against this unconstitutional power, and then urge them to take the next step and pass a bill blocking any state cooperation with federal authorities attempting to detain any person in Utah without due process.

You can find contact information for your Utah lawmakers HERE.

And if your not a Utah resident, encourage your state legislature to take action against indefinite detainment of persons in your state.

You can find model liberty preservation legislation HERE.

You can track liberty preservation legislation across the U.S. HERE.

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