Assembly Bill (AB) 351 was signed into law by Governor Jerry Brown yesterday. California is the third state to have passed legislation, which nullifies the unpopular federal provision. A selection of AB 351 reads:
The United States Constitution and the California Constitution provide for various civil liberties and other individual rights for a citizen of the United States and the State of California, including the right of habeas corpus, the right to due process, the right to a speedy and public trial, and the right to be informed of criminal charges brought against him or her.Certain provisions of federal law affirm the authority of the President of the United States to use all necessary and appropriate force to detain specified persons who engaged in terrorist activities.This bill would prohibit an agency in the State of California, a political subdivision of this state, an employee of an agency or a political subdivision of this state, as specified, or a member of the California National Guard, on official state duty, from knowingly aiding an agency of the Armed Forces of the United States in any investigation, prosecution, or detention of a person within California pursuant to (1) Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (NDAA), (2) the federal law known as the Authorization for Use of Military Force, enacted in 2001, or (3) any other federal law, except as specified, if the state agency, political subdivision, employee, or member of the California National Guard would violate the United States Constitution, the California Constitution, or any law of this state by providing that aid. The bill would also prohibit local entities from knowingly using state funds and funds allocated by the state to those local entities on and after January 1, 2013, to engage in any activity that aids an agency of the Armed Forces of the United States in the detention of any person within California for purposes of implementing Sections 1021 and 1022 of the NDAA or the federal law known as the Authorization for Use of Military Force , if that activity would violate the United States Constitution, the California Constitution, or any law of this state, as specified.
The bill’s common name is “The California Liberty Preservation Act.” California’s legislation takes things a step further than other states, which have implemented nullification legislation with regard to the NDAA.
The bill specifically states:
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 any federal law that purports to authorize indefinite detention of a person within California. (emphasis added)
This meaning the legislation takes aim at not only the NDAA provision, but any federal law, which seeks to disregard one’s constitutional rights.
Democrats and republicans worked together to sponsor and pass the legislation. The bill was introduced by ultra-conservative Tim Donnelly, and managed by San Francisco liberal-democrat Mark Leno.
Nullification has broken barriers in the political world not seen since Reagan won every state in the country in 1984 except Minnesota, home of challenger Mondale (D).
Nullification is able to do this because the federal government has put its hands in far too many pies. Liberals passionate about marijuana legalization and privacy rights find refuge in nullification. Meanwhile, conservatives passionate about the federal reserve, taxes and guns find refuge as well.
Tenth Amendment Center’s national communications director Mike Mike Maharrey tells us-
“Lawmakers from both sides of the aisle came together and passed legislation to protect against federal kidnapping,” adding that, “by saying, ‘No!’ to indefinite detention and refusing any state cooperation, the California legislature and Gov. Brown just ensured it will be very hard to whisk somebody away in the dead of night and hold them without due process.”