On Monday, Oklahoma Rep. Charles Key (R-Oklahoma City) will officially file a resolution that would petition Congress and Pres. Obama to repeal sec. 1021 and 1022 of the NDAA, and declare the detention provisions null and void in the Sooner State.
“President Barack Obama has said he would not hold citizens indefinitely; it is deplorable that he would sign into law legislation that contains clauses that would authorize him to do just that,” Key said. “Oklahomans have taken notice of this repugnant new law and as state lawmakers it is our duty to apply pressure to Congress and the president to undo this debacle.”
The 14 page resolution meticulously lays out the case against detention provisions in the NDAA, basing its argument on both the U.S. and Oklahoma State Constitutions. HCR1025 “directs the Congressional Delegation of Oklahoma to commence immediately efforts to repeal the harmful sections of the National Defense Authorization Act for Fiscal Year 2012, to-wit, Sections 1021 and 1022, and any other section or provision which will have the same or substantially the same effect on America, its citizens and lawful resident aliens.”
The resolution also declares the NDAA detention provisions unconstitutional, “null and void from their inception” and unenforceable in the state of Oklahoma. HCR1025 forbids enforcement of sec. 1021 or 1022 by any state agent, defining any attempt to do so as a violation of their oath of office, subject to “discipline up to and including termination.”
“It is so clear that this law is unconstitutional and it would be laughable if it were not so serious an issue that President Obama would talk about how his lawyers are ensuring that it would not be misused,” Key said. “Americans all over this country are shaking their heads in disbelief.”
Oklahoma’s legislature joins those in Virginia, Tennessee and Washington, considering legislation that would block NDAA at the state level. Local governments in two Colorado counties have also stepped in on behalf of their citizens.
“History proves that once our tightfisted federal government wraps its hands around power, it will not relinquish it on its own. The responsibility falls upon the states to interpose and wrest unconstitutional power from the federal government’s grasp,” Tenth Amendment Center communications director Mike Maharrey said. “We hope the legislatures in these four states, along with other lawmakers across America, will step up and do their duty. Citizens need to get on the phone and insist that they do so.”
To track Liberty Preservation Act legislation across the U.S., click HERE.
For model legislation you can propose to your state lawmakers, click HERE.