LANSING, Mich. (June 18, 2012) – Last week, Michigan joined the swelling ranks of states considering legislation that would effectively block any state cooperation with federal officials seeking to detain Americans under provisions in sections 1021 and 1022 of the National Defense Authorization Act.
On June 14, Rep. Tom McMillin (R-Rochester Hills) introduced HB5768. The legislation would prohibit any state agent, state employee or member of the Michigan National Guard from assisting “an agency of the armed forces of the United States in any investigation, prosecution, or detention of any person pursuant to 50 USC 1541, as provided by the federal national defense authorization act for fiscal year 2012, Public Law 112-81, if such aid would place that state agency, political subdivision, employee, or member of the Michigan national guard in violation of the United States constitution, the state constitution of 1963, or any law of this state.”
Five cosponsors signed on to the bill, including two Democrats and a 10-year Air Force veteran.
“Once again we see the bipartisan nature of the pushback against federal kidnapping,” Tenth Amendment Center communications director Mike Maharrey said. “This is not a Republican issue or a Democrat issue. This is an American issue.”
In the 1840s and 1850s, northern states effectively used a similar strategy to block implementation of the Fugitive Slave Acts. The federal law denied due process to blacks accused of running away from slavery. A slave-owner could haul a man or woman back south simply on the authority of his own testimony. A black person was not even allowed to testify in her own defense. Northern states passed personal liberty laws, in some cases refusing state cooperation, denying the use of state resources to slave commissioners and forbidding state officers to participate in the process. Other state laws guaranteed any person charged as a fugitive slave a jury trial.
Michigan passed its personal liberty law in 1855. It guaranteed in section two, “All persons so arrested and claimed as fugitive slaves, shall be entitled to all the benefits of the writ of habeas corpus and of trial by jury,” and section five declared, “No person arrested and claimed as a fugitive slave shall be imprisoned in any jail or other prison in this State; and any person having the care or control of any jail or prison, and knowingly permitting the imprisonment of such alleged fugitive slave therein, shall be subjected to the payment of a fine of not less than five hundred nor more than one thousand dollars.”
“The Michigan legislature has an opportunity to take its place alongside the heroic lawmakers who defied the federal government to protect the basic rights and liberties of blacks more than 100 years ago,” Maharrey said. “These men and women can take an important step to ensure the basic right to due process is preserved for all Michigan citizens. I hope they are up to the challenge.”
HB5768 was referred to the House Committee on Government Operations.
ACTION ITEMS
If you live in Michigan, contact the members of the Government Operations Committee and encourage them to pass HB5768 out of committee. For committee member contact information, click HERE.
Also contact your representative and ask him or her to support this bill. To find contact information for your representative, click HERE.
To track Liberty Preservation Act legislation across the U.S., click HERE.
If you don’t live in Michigan, contact your lawmakers and encourage them to introduce similar legislation in your state. For model bills, click HERE.
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I understand what they are trying to do, and what Virginia did, but it is not enough imo. Nothing in the language says they will prevent or intervene to stop the Feds from doing anything unconstitutional. States need stronger and explicit language to protect their citizens.
Michigan is a pathetic, liberal, Democrat majority, union biased, disgusting rust hole. They will NEVER nullify anything, as long as they continue to be the foot servant of the federal government.
Levin and Stabenow are nothing but career politicians whose only concern is for their own comfort.
maybe, just maybe, we will get a little relief with our new governor. God help this state.
Don't expect commies Stabenow and Levin to get on board. I've emailed them asking for their resignations with no response.
@TuckerMatthewRain There's a committee to recall Levin: http://committeetorecallcarllevin.com/
The Chinese are going to build another city in Michigan. How much more do we owe the Chinese?
Arizona had Nullify but I believe the Gov. Brewer blew it off.
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Anyone with half a brain knows that Obamacare is UNconstitutional, ILLegal and OPPRESSIVE TYRANNY! The communist manifesto calls for government control of healthcare. The Supreme Court decision will reveal who, on the Supreme Court, is/are corrupt and evil enemies of America.
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I would love to see the next congress and the next presidential administration become known as the "REPEAL CONGRESS" and the "REPEAL PRESIDENCY". Ron Paul is well qualified to fill that requirement which is so desperately needed by America. If America would REPEAL all the UNconstitutional laws, bureaucracies, agencies, executive orders, the Federal Reserve and the IRS, every American would be so wealthy, the economy would be BOOMING and healthcare, college education, retirement, homes, cars, vacations, business start-ups would be easily affordable WITHOUT LOANS! Please, ALL patriots, UNITE, UNITE, UNITE, please, including the Constitution Party and the Libertarian Party, GET BEHIND RON PAUL 100% AND WRITE HIM IN OR GET HIM ON THE BALLOT ON THE CONSTITUTION PARTY OR THE LIBERTARIAN PARTY!
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