Arizona Passes Anti-NDAA Bill to Nullify Indefinite Detention

Yesterday an Arizona state senate committee passed the Restoring Constitutional Governance Act, SB 1291, giving initial approval to a bill that nullifies indefinite detention under the National Defense Authorization Act (NDAA) or any other federal law which might claim to authorize the same.

PANDA reports:

This legislation, drafted by the Patriot Coalition, is the strongest in the nation as it explicitly prohibits the laws of war from being used on non-soldiers in Arizona, and Arizona citizens anywhere, and will punish any person, including Federal or international agents, who attempts to utilize those powers.

The number of states taking action against the indefinite detention provision of the NDAA is growing. If the bill passes into law, Arizona will become the fifth state to take steps toward nullifying indefinite detention, joining Alaska, California, Michigan, and Virginia. The New Hampshire House recently approved a ban on indefinite detention provision – unanimously –  calling it unconstitutional. That bill is moving to the state senate for further consideration.

Arizona’s bill was introduced by State Sen. Judy Burges. It would ban the state of Arizona from enforcing sections 1021 and 1022 of the 2012 NDAA. These sections give authority to the federal government to indefinitely detain anyone, anywhere – without charge or trial. The bill also covers indefinite detention without due process authorized under “any similar law or authority enacted or claimed by Congress or the President.”

Adam Henriksen, the Arizona Tenth Amendment Center State Coordinator, and Dan Johnson, the founder of PANDA, drafted the bill.

The Arizona Tenth Amendment Center explains that states that are working towards nullifying the indefinite detention provision of the NDAA are following James Madison’s blueprint for stopping federal overreach:

In Federalist 46, he [Madison]argued that a “refusal to comply with officers of the Union” along with other actions at the state and local level would create a situation where the federal government would have an almost impossible time enforcing their acts.   When several states join together and do the same, Madison said  it would “present obstructions which the federal government would hardly be willing to encounter.”

If you would like to support Arizona in passing this bill, you can do so here.

To learn more about the dangerous indefinite detention provision of the NDAA and how you can take action in your state, visit PANDA’s website here.