HCR 41 – Unconstitutionality of 2012 NDAA (2013-2014)
Link to Bill:http://www.legislature.state.oh.us/res.cfm?ID=130_HCR_41
HCR 41 condemns Section 1021 of the 2012 National Defense Authorization Act (NDAA) for being “an overreach of the federal government…that effectively take[s] away civil liberties.” In particular, it takes issue with this section for authorizing the indefinite detention of American citizens and lawful resident aliens without charge or trial, as well as the deportation of detained US citizens and other lawful residents to a foreign country without due process. Additionally, it criticizes another portion of the 2012 NDAA that describes the US as part of “the battlefield,” thereby allowing the military to perform law enforcement functions. For these reasons, HCR 41 urges the Ohio Attorney General to bring a lawsuit challenging the constitutionality of Section 1021 of the 2012 NDAA.
Primary Sponsors:Rep. Butler (R), Rep. Young (R)
Secondary Sponsors:Rep. Beck (R), Rep. Becker (R), Rep. Brenner (R), Rep. Henne (R), Rep. Hood (R), Rep. J. Adams (R), Rep. Lynch (R), Rep. Retherford (R), Rep. Roegner (R), Rep. Sprague (R), Rep. Stebelton (R), Rep. Terhar (R), Speaker Batchelder (R)
Committee:Military and Veterans Affairs (H)
LSC Legislation Status:http://lsc.state.oh.us/coderev/hconr130.nsf/House+Concurrent+Resolution+Number/0041?OpenDocument
Our take on this bill:
The ACLU of Ohio supports the provisions of HCR 41 that condemn the NDAA. By addressing the 2012 NDAA, HCR 41 calls attention to perhaps the most troubling development since 9/11 – the assertion the government is authorized to detain people without charges, indefinitely, based on mere suspicion. Although we count on the government to keep us safe, it cannot come at the expense of our fundamental constitutional rights. Holding people in secret locations, with no due process of law, is a violation of our basic freedoms and is not an example we should be setting for the rest of the world. This condemnation of the NDAA by Ohio’s legislators is welcomed by the ACLU of Ohio because it represents a step in the other direction. It calls attention to widespread abuses perpetrated by our government, under the promise of keeping us “safe,” and will spur more dialogue on these important issues.
Passed out of the House Military and Veteran Affairs Committee on 1/15/14
Passed the House on 3/12/14