South Carolina Liberty Victory: Senate Votes Against NDAA Indefinite Detention

By on March 27, 2013

by Ali Papademetriou

First introduced in early January, South Carolina’s S. 92, or NDAA Act, which would block the National Defense Authorization Act’s indefinite detention provisions, passed through the state’s Senate last week and is currently pending a vote by the House Judiciary Committee.

On a 25-15 vote, South Carolina’s Senate voted on the bill, which would, “Amend the code of laws of South Carolina, relating to agencies of the state, public officers, and employees, to prohibit any state agency, officer, or employee or any officer or employee of a political subdivision from aiding the detention of any United States citizen without trial by the United States Armed Forced in violation of the Constitution of South Carolina.”

Sponsor of the bill, Senator Tom Davis, told the Tenth Amendment Center, “If states don’t act, the federal government will continue its march over basic individual rights like due process. It’s the appropriate role of the states to stand against federal overreach, and act as a constitutional check on unlimited federal power.” The indefinite detention provisions of the 2012 NDAA, which President Obama signed into law at the end of 2011, has sparked much controversy, especially among liberty advocates, for it violates citizens’ constitutional right to habeas corpus.

Clearly, South Carolina’s Senate is in favor of protecting residents’ naturally given rights to defend themselves. Now, it is up to the House and Governor Haley to determine whether or not South Carolinians will be subject to the federal government indefinitely detaining them without a fair trial.

Some other states have proven similar action recently. Two weeks ago, Michigan’s Senate passed an NDAA nullification bill, SB 94. During the same week, New Hampshire’s House of Representatives proved its approbation of protecting its state’s citizens’ right to a fair trial by passing HB 399 or the “Liberty Preservation Act”, and yesterday SLN reported on Las Vegas’ city council passing an NDAA nullification resolution.

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