BREAKING NEWS: Michigan nullifies NDAA’s indefinite detention

Governor Snyder signed Senate Bill No. 94 into law yesterday, which will nullify section 1021 of the 2012 National Defense Authorization Act (NDAA). Photo: Michigan Governor Rick Snyder / Associated Press

NASHVILLE, December 27, 2013 — Governor Rick Snyder of Michigan signed Senate Bill No. 94 into law yesterday. The bill seeks to nullify section 1021 of the 2012 National Defense Authorization Act (NDAA). “It is important to recall that indefinite detention first appeared in section 1021 of the 2012 NDAA, which provided warrant for indefinite detention of U.S. citizens,” said Snyder.

Michigan State Senator Rick Jones says that no American citizen should fear being thrown in jail or prison without charges.

“Historically Michigan first asserted Tenth Amendment rights in 1855 when we passed a law to block the fugitive slave act,” says Jones. “I thought of this great history when I drafted and pushed this bill to nullify section 1021 of the NDAA within the state of Michigan.”

Jones says that he was able to gather support from both sides of the political aisle for the bill.

Tenth Amendment Center’s Mike Maharrey said, “This is a great step forward in protecting the basic due process rights of people in Michigan and gives activists there something to build upon. Moving forward, I would love to see the Michigan legislature expand the policy in two ways.”

Maharrey suggests that the legislation should be expanded to include all people, not just U.S. citizens.

“After all, every person has a right to basic due process, no matter who they are or where they are from,” says Maharrey.

His final recommendation is that the bill be expanded to ban any future law or regulation that warrants indefinite detention, as the current bill is specific only to section 1021 of the 2012 NDAA.

Maharrey points out that the bill is a great first step.

“By including a caveat — if such aid would place that state agency, political subdivision, employee, or member of the Michigan national guard in violation of the United States constitution, the state constitution of 1963, or any law of this state — the bill is not an express prohibition. Rather, since no official determination has been made on such constitutionality as of yet, it leaves the decision of constitutionality to discretion. But, the new law does provide legal backing for those sheriffs, law enforcement officers, and other agencies and employees, who refuse to assist the federal government in such activities based on their own constitutional determination.”


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Senate Bill No. 94 is rooted in anti-commandeering doctrine, which has been well established by the Supreme Court, which has refused to force states to enact federal legislation. In Printz v. United States, for example, the Court ruled that the federal government could not force state legislatures to enforce or assist in enforcing federal laws.

The Missouri Bill Reads:

AN ACT to prohibit any agency of this state, any political subdivision of this state, any employee of any agency of this state or any political subdivision of this state, or any member of the Michigan national guard from assisting an agency of the armed forces of the United States in the investigation, prosecution, or detainment of any citizen of the United States under certain circumstances.

The People of the State of Michigan enact:

Sec. 1. (1) Subject to subsection (2), notwithstanding any provision of law to the contrary, no agency of this state, no political subdivision of this state, no employee of an agency of this state or a political subdivision of this state acting in his or her official capacity, and no member of the Michigan national guard on active state service shall aid an agency of the armed forces of the United States in any investigation, prosecution, or detention of any person pursuant to section 1021 of the national defense authorization act for fiscal year 2012, if such aid would place that state agency, political subdivision, employee, or member of the Michigan national guard in violation of the United States constitution, the state constitution of 1963, or any law of this state.

(2) Subsection (1) does not apply to participation by state or local law enforcement or the Michigan national guard in a joint task force, partnership, or other similar cooperative agreement with federal law enforcement if that joint task force, partnership, or similar cooperative agreement is not for the purpose of investigating, prosecuting, or detaining any person pursuant to section 1021 of the national defense authorization act for fiscal year 2012.

Enacting section 1. This act takes effect upon the expiration of 90 days after the date it is enacted into law.

This act is ordered to take immediate effect.


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Michael Lotfi

Michael Lotfi, political analyst and adviser, is a first generation Persian-American. Lotfi's father, a man who sought refuge in America during the Islamic Revolution of Iran, met a Southern belle in the Deep South woods of Savannah, and the two joined lives.

Together, they raised a son who grew to share his father's dream for religious, economic and civil liberty.

Lotfi graduated in the top 5% of his class with honors from Belmont University, an award-winning private university in Nashville, Tennessee, where Lotfi currently lives and is the state associate director of the Tenth Amendment Center.

 

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