Detaining Americans indefinitely, without trial, through the use of military force is well established. Every year since its inception in 2012, President Obama has re-extended the provisions. The idea of American military members detaining you without a trial, for an indefinite amount of time, is eye opening to some, and that’s exactly why states have begun to slowly but surely nullify federal detention.
The state legislature isn’t the only body that can reject NDAA powers. There are also the county bodies: both the states along with their divided counties have been on the offensive. Having success most recently are Idaho’s council members in Emmett who passed NDAA-blocking legislation by a count of 5 to 1. The “Restoring Constitutional Governance Resolution” effectively rejects the enforcement of indefinite detention.
Emmett’s legislation recommends to the Idaho state body a similar legislative bill that would bar federal officials from detaining an Idahoan without trial. The resolution states, “…it is unconstitutional, and therefore unlawful for any person to: a. arrest or capture any person in Emmett, or citizen of Emmett, within the United States, with the intent of “detention under the law of war,” or b. actually subject a person in Emmett, to “disposition under the law of war,” or c. subject any person to targeted killing in Emmett, or citizen of Emmett, within the United States,” pushing federal agents away from the county, specifically.
An advocacy group that’s specializing in the fight against NDAA powers is People Against the National Defense Authorization Act (PANDA), which celebrated the victory in Emmett. PANDA called the passage a growth to the “tidal wave of cities banning provisions” regarding the NDAA’s indefinite detention power. Areas such as Albany, New York, and Webster Maine have also taken part in the movement.