Brown signed into law AB351, which goes beyond any other state in rejecting federal indefinite detention power, according to the Tenth Amendment Center. The law reads, in part, “It is the policy of this state to refuse to provide material support for or to participate in any way with the implementation within this state of any federal law that purports to authorize indefinite detention of a person within California.”
The NDAA allows the US military to indefinitely detain anyone - sans charges or a trial - on the basis of “national security” concerns. The legislation has drawn a series of legal challenges and attempts in several states to limit its strength.
California’s new law not only targets the NDAA provisions, but also any future federal law that grants officials open-ended detention powers.
Though the NDAA has not been used to date, both administrations of Presidents Obama and George W. Bush have claimed power to detain indefinitely without charge “enemy combatants” caught in Iraq, Afghanistan, and around the world at Guantanamo Bay and other prisons. More
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