Bill description: HB 473 would ensure that the rights of Idahoans protected under the U.S. and Idaho Constitutions are not encroached upon by the federal government under the National Defense Authorization Act of 2012.
Does it violate the spirit or the letter of either the US Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the US Constitution or the Idaho Constitution?
Both the U.S. Constitution and the Idaho State Constitution uphold the rights of individuals. However, Sections 1021 and 1022 of the 2012 National Defense Authorization Act (NDAA) violate multiple constitutionally protected rights. The NDAA allows for the indefinite detention of individuals without a charge or trial. This is a direct violation of rights spelled out in both constitutions, such as the right to habeas corpus and a trial by jury.
HB 473 would uphold constitutionally protected rights. The legislation declares that individuals who reside in the state of Idaho are not in a battlefield, a distinction that protects Idahoans from the provisions of the NDAA that allow for the indefinite detention of people without charge or trial.
Does it violate the principles of federalism by increasing federal authority, yielding to federal blandishments, or incorporating changeable federal laws into Idaho statutes or rules? Examples include citing federal code without noting as it is written on a certain date, using state resources to enforce federal law, and refusing to support and uphold the Tenth Amendment. Conversely, does it restore or uphold the principles of federalism?
The National Defense Authorization Act, passed by Congress and signed by the president in 2012, usurps the rights of Idahoans, as well as other U.S. citizens. HB 473 would ensure that Idahoans are protected from an infringement of their rights by the federal government.
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