The Ohio House of Representatives took a small, long-awaited step in the right direction today by passing a resolution condemning the blatantly unconstitutional indefinite detention provisions of the 2012 NDAA.

Representatives Jim Butler and Ron Young introduced HCR41 “To condemn Section 1021 of the National Defense Authorization Act for 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 for 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.

HCR41 draws upon another part of the Bill of Rights, the Tenth Amendment, which states that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

The Tenth Amendment gives the states a role, the primary role, in determining the constitutionality of federal law. The individual states are, as James Madison said, “duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.”

It is in this spirit that HCR41 condemns the indefinite detention provisions of the NDAA. HCR41 rests on the American ideal of self-government and divided authority.

Today’s unofficial vote was 94 to 2 in favor of passage. Such overwhelming, bipartisan support illustrates that adherence to the Constitution is not a partisan issue. The rights protected by the Constitution are important to all Ohioans, Democrats, Republicans and Independents. HCR41 will now go to the Ohio Senate for approval.

Several organizations throughout the state including People Against the NDAA (PANDA), the ACLU of Ohio and the Tenth Amendment Center testified in support of HCR41.

“No single person nor any group of people has the right to override the Constitution, as the indefinite detention provision of the NDAA purports to authorize. Whether a Republican or a Democrat is in office is immaterial. The ability of the President of the United States to determine that someone can be help without charge is as dangerous in the hands of Barack Obama as it was in the hands of George W. Bush”, said Ben Lewis of the Tenth Amendment Center.


1) Contact your State Senator in Columbus and respectfully urge her/him to support HCR41.
2) Contact the House State and Local Government Committee and respectfully urge them to support HB354, which is also intended to stop indefinite detention in Ohio.
3) Contact your State Representative in Columbus to thank them for supporting HCR41 and respectfully urge her/him to also support HB354.
4) Spread the word! Share this with your friends, family, neighbors, coworkers, etc. There is strength in numbers!

Scott Landreth