Arizona Senate to Feds: “Indefinite Detention” is not Welcome Here!

PHOENIX (March 5, 2012) – Efforts to block NDAA detention without due process got a big boost in Arizona.

On March 1, the Arizona senate passed SB1182 by a 21-9 margin.

The bill would prohibit any agency of the state from providing material support for or from participating in any way with the implementation of sections 1021 and 1022 of the National Defense Authorization Act of 2012, Public Law 112‑81, against any citizen of the United States.

The Senate followed up Monday passing SCR1011, a resolution that declares:

That the Members of the Legislature condemn sections 1021 and 1022 of the 2012 NDAA as they purport to repeal posse comitatus and authorize the President of the United States to use the armed forces of the United States to police American citizens, to indefinitely detain persons captured within the United States without charge until the end of hostilities as purportedly authorized by the 2001 Authorization for Use of Military Force, to subject persons captured within the United States to military tribunals, and to transfer persons captured within the United States to a foreign country or foreign entity.


Is the Virginia Victory on NDAA Vaporizing?


Can the various states make enforcement of National Defense Authorization Act’s (NDAA) indefinite detention provisions (kidnapping!) a bit more difficult for the federal government? Can they, on behalf of their citizens, withdraw consent from a blatantly unconstitutional law that kidnaps persons and denies them due process of law?

Last week, once again, DC Downsizers joined in an effort to partially nullify that law. The bill, introduced by Delegate Bob Marshall, HAD ALREADY PASSED THE VIRGINIA HOUSE.

Your calls and emails to State Senators tipped the scales, from a 20-20 vote, to a veto-proof 39-1 vote for a slightly amended version the next day. But because the bill was amended, it had to go back to the House.

Now, Congressman Frank Wolf (R-Va) is getting involved. He’s insinuating, through Delegate Barbara Comstock, that some forms of federal cooperation will evaporate.

And Ms. Comstock is also arguing that, even though she and her colleagues have sworn an oath to the Constitution, this is a federal problem, and none of their concern.

And here’s my favorite part! Some members are bothered that many of the people calling and writing are using the word “nullification.”

We’ve been told it’s a turn-off. Really?

Imagine that. Scared of a little word. There are two things to point out here.


Powerful Forces Working to Kill Anti-NDAA Bill in Virginia House

RICHMOND, Va. (March5, 2012) – Efforts to block federal kidnapping in Virginia could be in trouble.

For the third day, the Virginia House of Delegates failed to vote on an amended version of HB1160.

The bill would prohibit any state cooperation with federal agents attempting to unlawfully detain a U.S. citizen under provisions in sections 1021 or 1022 of the NDAA. The House passed its version 96-4 back on Feb 14. Then the Senate overwhelmingly approved an amended version last week by a 38-1 vote. That sent the legislation back to the House for final approval. But U.S. Rep. Frank Wolf (R-Va.) and Gov. Bob McDonnell have reportedly gotten involved behind the scenes, seeking to block final passage. Delegate Barbara Comstock (R-McClean) asserts passage could create “security risks” and has reportedly insinuated passage could result in a withdrawal of “federal cooperation” in the state.

Comstock was one of only four delegates to initially oppose the bill.

Delegate Bob Marshall sponsors the legislation. He had strong words for those seeking to block the bill.

“I am disappointed the House of Delegates for the third time has refused to go on record on HB1160,” he said. “If this bill dies without a record vote, I will conclude you agree that the word of habeas corpus can be suspended by Congress despite their not following the procedure provided in article 1 section 9, and that American citizens in Virginia may be taken off our streets with mere suspicion, no trial, no counsel, no charges, no public record for the indefinite duration of hostilities.”

Tenth Amendment Center communications director Mike Maharrey said it was imperative that the House of Delegates get the bill passed, not just for the sake of Virginia citizens, but also to generate momentum across the country.


Idaho Nibbles Away At Federal Health Care Act

How do you eat an elephant?

One bite at a time.

Last year, Idaho legislators attempted to nullify the Patient Protection and Affordable Care Act. With Idaho Secretary of State Lawrence Wasden vocally opposing the principle of nullification, efforts failed.

HO117, which declared the health insurance mandates in the federal health care act unconstitutional and would have prohibited Idaho from enforcing them passed the House 49-20, but died in a Senate committee. HO059, a broader health care nullification act, never made it out of a House committee.

With similar political dynamics in play in the Gem State this legislative session, opponents of federal health care act opted for a new tactic.

Call it nullification by degree.

Instead of attacking the PPACA in toto, Idaho representatives opposing the act seek ways to block its implementation.  For instance, the House will likely reject a $20.3 million U.S. Department of Health and Human Services grant designated for the creation of a state insurance exchange, according to an AP report. And HO530 would prohibit any law requiring disability insurance providers to cover abortion, sterilization or contraception, provisions the feds will require.

The Idaho House has already blocked other bits of the health care act. For example, lawmakers voted down a proposal to expand Medicaid to cover smoking cessation for pregnant women. And on Monday, the House Business Committee rejected a HO423, a provision that would have set standards for excessive, inadequate or discriminatory rates for small employer and individual insurance plans by a 9-6 vote. The provisions would have aligned state law with the federal act.

“We’re going on the defensive,” Rep. Vito Barbieri, (R-Dalton Gardens) told AP reporter John Miller. “We’re finding ourselves having to put out fires as they come up.”

On a more proactive note, HCR45 encourages private insurance companies to set up exchanges in lieu of government run exchanges.