Tuesday, June 24, 2014

Bill Banning Assistance to NSA Passes Out of Committee in California

Michael Boldin
Activist Post

Citing the 10th Amendment and support from the Tenth Amendment Center (TAC), the California Assembly Public Safety Committee voted unanimously to approve a bipartisan bill which creates a mechanism to turn off all material support and assistance, including water and electricity resources, from California to federal mass surveillance programs. The vote was 5-0.

Dubbed the 4th Amendment Protection Act, Senate Bill 828 (SB828) passed the State Senate last month by a vote of 29-1, and is just two votes away from reaching Gov. Brown’s desk. If signed into law, it would ban the state from participating in, or providing material support or resources to any federal agency engaged in the “illegal and unconstitutional collection of electronic data or metadata, without consent, of any person not based on a warrant that particularly describes the person, place, and thing to be searched or seized.”

The executive summary of the bill cites the legal authority being claimed to enact the bill into law. Along with the 4th and 14th Amendments, it specifically references the 10th Amendment::
Existing law States that the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. (U.S. Const., 10th Amend.)
That same summary also specifically references the Tenth Amendment Center as providing the legal argument in favor of passage:

Argument in Support : The Tenth Amendment Center states, “Recent revelations make it clear that the NSA operations violate the Constitution on a daily basis. The Fourth sets up clear parameters for searching and seizing personal information. The founders chafed under general warrants issued by the British government that allowed random searches at the whim of the authorities. The NSA operates in much the same manner, thrusting a dagger into the heart of the Fourth Amendment’s intent.

Read more http://www.activistpost.com/2014/06/bill-banning-assistance-to-nsa-passes.html 

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