On April 9th, the California Assembly Public Safety Committee voted unanimously in favor of Assembly Bill 351 (AB351), the California Liberty Preservation Act. The bill has now been assigned to the Assembly Committee on Appropriations with a hearing and vote scheduled for May 1, 2013.

Introduced by Republican Assemblymember Tim Donnelly, AB351 is a strong stand against “indefinite detention” as supposedly authorized by the National Defense Authorization Act (NDAA) of 2012. It declares such federal power to be unconstitutional and also requires the entire state to refuse to enforce or assist its implementation. A broad coalition officially supported the legislation and moved the normally partisan, and strongly democratic, committee to support the republican-introduced legislation.

The appropriations committee is going to be an even tougher path, but an endless stream of strong, but respectful phone calls to committee members in favors is likely to give the bill a chance as passing.

ACTION ITEMS for California

1. CALL the chair of the Appropriations Committee. Thank him for scheduling a hearing on AB351, and politely encourage him to vote YES on AB351.

Mike Gatto (916) 319-2043

2. CALL all the other members of the Appropriations Committee. Strongly, but respectfully, urge each of them to vote YES on AB351. Let them know you want a vote on PRINCIPLE and not party.

Diane Harkey - (916) 319-2073
Franklin Bigelow - (916) 319-2005
Raul Bocanegra - (916) 319-2039
Steven Bradford - (916) 319-2062
Ian Calderon - (916) 319-2057
Nora Campos - (916) 319-2027
Tim Donnelly – bill sponsor
Susan Talamantes Eggman - (916) 319-2013
Jimmy Gomez - (916) 319-2051
Isadore Hall - (916) 319-2064
Chris Holden - (916) 319-2041
Eric Linder - (916) 319-2060
Richard Pan - (916) 319-2009
Bill Quirk – voted YES in Public Safety – THANK HIM. Encourage him to do the same in this committee - (916) 319-2020
Donald Wagner - (916) 319-2068
Shriely Weber - (916) 319-2079

3. Attend the Hearing.

May 1st, 9am.
Committee homepage for further info:
http://apro.assembly.ca.gov/

4. Share this information widely. Please pass this along to your friends and family. 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.

5. Join the NDAA activist group on Facebook. Connect with others, plan strategy, build a coalition, and help get AB351 passed!
http://www.facebook.com/groups/nullifyndaacalifornia/

6. Call your own Assembly member. Strongly, but respectfully, urge them to co-sponsor this legislation

Find your legislator here:
http://findyourrep.legislature.ca.gov/

BILL INFORMATION

AB351 establishes the proper constitutional role by first citing the 10th Amendment as limiting the power of the federal government as to that which has been delegated to it and nothing more.

The Tenth Amendment to the United States Constitution authorizes the United States federal government to exercise only those powers specifically delegated to it in the United States Constitution.

It then declares the indefinite detention powers under NDAA to be unconstitutional:

Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (NDAA) codifies indefinite military detention without charge or trial of civilians captured far from any battlefield, violating the United States Constitution and corroding our nation’s commitment to the rule of law

Most importantly, the bill requires the entire state apparatus, including all local governments, to refuse to implement the federal act, or any other federal act (such as AUMF) that might be cited to give the same power to the federal government:

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.

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). And in those limited situations where enforcement does occur, Rosa Parks has taught us all the power of “NO!” Passage of AB351 would mark the beginning of the end of NDAA indefinite detention in California.


more: http://blog.tenthamendmentcenter.com...ite-detention/