Indiana State Senator Jim Banks has introduced a bill that would prohibit detainment of citizens under federal defense act (NDAA) in the state.
SB 400 would amend the Indiana Code concerning state and local administration. The text of the bill simply states:
“Prohibits specified individuals and entities in Indiana from aiding an agency of the armed forces of the United States in the investigation, prosecution, or detention of a person under a provision of the National Defense Authorization Act (NDAA) or similar law providing for indefinite detention.”
The legislation takes things a step further too – providing for criminal charges on federal agents who attempt “indefinite detention” (AKA Kidnapping) in the State of Indiana:
“A person who, being an official, agent, or employee of the United States or an employee of a person providing services to the United States, knowingly or intentionally enforces or attempts to enforce the indefinite detention provision of the NDAA commits unlawful indefinite detention, a Class A misdemeanor.”
The Tenth Amendment Center is in agreement with the bill for the following reasons:
Sections 1021 and 1022 of the 2012 NDAA as they purport to authorize, 1) detainment of persons captured within the United States of America without charge or trial, 2) military tribunals for persons captured within the United States of America, and 3) the transfer of persons captured within the United States of America to foreign jurisdictions, are violative of the following rights enshrined in the Constitution of the United States of America;
• Article I Section 9, Clause 2’s right to seek Writ of Habeas Corpus;
• The First Amendment’s right to petition the Government for a redress of grievances;
• The Fourth Amendment’s right to be free from unreasonable searches and seizures;
• The Fifth Amendment’s right to be free from charge for an infamous or capitol crime until presentment or indictment by a Grand Jury;
• The Fifth Amendment’s right to be free from deprivation of life, liberty, or property, without Due Process of law;
• The Sixth Amendment’s right in criminal prosecutions to enjoy a speedy trial by an impartial jury in the State and District where the crime shall have been committed;
• The Sixth Amendment’s right to be informed of the nature and cause of the accusation;
• The Sixth Amendment’s right confront witnesses;
• The Sixth Amendment’s right to Counsel;
• The Eighth Amendment’s right to be free from excessive bail and fines, and cruel and unusual punishment;
• The Fourteenth Amendment’s right to be free from deprivation of life, liberty, or property, without Due Process of law;
SB 400 was assigned to the Committee on Corrections & Criminal Law on January 10th.
LEGISLATION AND TRACKING
If you live anywhere outside of Indiana, please contact your own legislators regarding anti-NDAA legislation. If none has been introduced in your state, you can email them The Liberty Preservation Act model legislation.
Track the status of NDAA nullification in states around the country HERE
Indiana residents, join the Nullify NDAA Indiana group on facebook HERE
If you live in Indiana, contact your state legislator. Let him or her know of your concern for NDAA Provisions that allow indefinite detention without charges and that you expect support of this legislation. Click here for contact information.
William Kennedy [send him email] is the State Director for the North Carolina Tenth Amendment Center. A strong supporter of the Constitution, Declaration of Independence and the Bill of Rights with special emphasis on State Sovereignty protected by the Tenth Amendment.