Put simply, Californians would not need to worry about being held without charge if the president was not authorized in the same act to deploy the armed forces to round up the “suspects” and detain them indefinitely. While enactment of AB 351 is a significant step toward nullifying the federal government’s assumption of the right to apprehend and indefinitely detain Americans in contravention of their constitutionally-protected rights, the final version of the bill removes all penalties for participation included in the original draft. As it stands, the act is an example to other state legislatures of the counsel given by James Madison to states who oppose unconstitutional federal acts. In Federalist 46, Madison recommended that an effective way to thwart federal overreach is for agents of the states to refuse “to cooperate with officers of the Union.”
Posted on: Sat, 05 Oct 2013 22:36:30 +0000
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