California: Urgent Last-Minute Action to Stop NDAA “Indefinite Detention” – Tenth Amendment Center Blog
From the Tenth Amendment Center:
“On Tuesday, April 9th, the California Assembly Public Safety Committee will hold a hearing and do-or-die vote on AB351. Passage of this bill would be a serious setback to those advancing the power of “indefinite detention” in the United States.
AB351 NEEDS YOUR HELP RIGHT NOW TO PASS.
1. CALL all the members of the Public Safety Committee. Call in the evenings or on the weekend as well. We want them to have a flood of messages in support by the time they have the hearing on Tuesday. Be VERY respectful, but be strong. Urge each of them to vote YES on AB351.
Tom Ammiano, chair (916) 319-2017
Melissa Melendez, vice-chair (916) 319-2067
Byron Jones-Sawyer, Sr. (916) 319-2059
Holly J. Mitchell (916) 319-2054
Bill Quirk (916) 319-2020
Nancy Skinner (916) 319-2015
Marie Waldron (916) 319-2075
California Assembly Bill 351 (AB351) would ban compliance or enforcement NDAA “indefinite detention”. It reads, in part:
Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) violate portions of federal law, the United States Constitution, and the California Constitution and are invalid and illegal in this state.
(c) It is the policy of this state to refuse to provide material support for or to participate in any way with the implementation within this state of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81).
This would make a HUGE dent in any effort to further restrict due process – and would be a big step forward for California. 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)
There is absolutely ZERO serious dispute about the fact that the federal government cannot “commandeer” the states to carry out its laws. None. Even the Supreme Court has affirmed this multiple times.
In the 1992 case, New York v. United States, the Supreme Court ruled that Congress couldn’t require states to enact specified waste disposal regulations.
In the 1997 case, Printz v. United States, the Supreme Court ruled that the federal government could not command state law enforcement authorities to conduct background checks on prospective handgun purchasers.
In the 2012 case, National Federation of Independent Business v. Sebelius, the Supreme Court ruled that a significant expansion of Medicaid was not a valid exercise of Congress’s spending power, as it would coerce states to either accept the expansion or risk losing existing Medicaid funding.
In each of these cases, the Supreme Court made is quite clear that their opinion is that the federal government cannot require the states to act, or even coerce them to act through a threat to lose funding. Their opinion is correct. If the feds pass a law, they can sure try to enforce it if they want. But the states absolutely do NOT have to help them in any way.
Tim Donnelly, a Republican, has authored and sponsored the bill and is working to build a strong non-partisan group of supporters to get it passed. Such attacks on due process rise above the usual party politics, and all across the country people from all ends of the political spectrum are demanding an end to “indefinite detention.” Whether it’s 99%’ers, or Tea Partiers – the ACLU or the Tenth Amendment Center – grassroots activists around the state of California know that now is the time to put aside differences and work towards a common goal. Due process for all, that is.