Nullify NDAA Sections 1021 & 1022 In Texas. Here’s The Words. Which Texas Legislators Will Add The “Music”?

The Texas Liberty Preservation Act

(The nullification of Sections 1021 and 1022 of the National Defense Authorization Act of 2012)

Whereas, the Tenth Amendment to the United States Constitution provides the United States federal government authorization to exercise only those powers delegated to it in the Constitution (Article 1, Section Eight) and nothing more. The guaranty of those limitations on federal power is a matter of contract between the several states in general, the citizens of the state of Texas in particular, and the federal government of the United States at the time the Constitution was agreed upon and adopted.

Whereas, Article VI, Clause 2, of the Constitution of the United States provides that laws of the United States are the supreme law of the land provided they are made in pursuance to the powers delegated to the federal government in the Constitution.

Whereas, the enactment into law by the United States Congress of Sections 1021 and 1022 of the National Defense Authorization Act of 2012, Public Law 112-81, is inimical to the liberty, security, and well being of the citizens of the state of Texas, and was adopted by the United States Congress in violation of the limits of federal power authorized by the United States Constitution.

Whereas, the Office of the President of the United States has asserted the 2001 Authorization for the Use of Military Force Against Terrorists allows for the President to indefinitely detain, without charge, persons including United States citizens and lawful resident aliens, whether or not they are captured within the confines of the United States.

Whereas, policing the United States of America by the Armed Forces of the United States, as authorized by Sections 1021 and 1022 of the National Defense Authorization Act of 2012, negates the legal doctrine of Posse Comitatus.

Whereas, Sections 1021 and 1022 of the National Defense Act of 2012 purports to authorize: (1) detainment of persons captured within the United States without charge or trail; (2) military tribunals for persons captured within the United States, and; (3) the transfer of persons captured within the United States to foreign jurisdictions, are in violation of the following rights guaranteed by the Constitution of the United States:

Article I, Section 9, Clause 2: right to seek a Writ of Habeas Corpus.

First Amendment: right to petition the federal government for redress of grievances.

Fourth Amendment: right to be free from unreasonable search and seizure.

Fifth Amendment: right to be free from a charge(s) for an infamous or capitol crime until presented to a grand jury.

Fifth Amendment: right to be free from deprivation of life, liberty or property without due process of law.

Sixth Amendment: right, in criminal prosecutions, to a speedy trial by an impartial jury in the state or district where the crime shall have alleged to have been committed.

Sixth Amendment: right to be informed of the nature and cause of accusations and charges levied.

Sixth Amendment: right to confront witnesses.

Sixth Amendment: right to legal counsel.

Eight Amendment: right to be free from excessive bail and fines to include cruel and unusual punishment.

Fourteenth Amendment: right to be free from deprivation of life, liberty or property without due process of law.

Resolved, the state of Texas shall not provide material support or participate in any way with the implementation of Sections 1021 and 1022 of the National Defense Authorization Act of 2012 within the legal boundaries of the state of Texas.

Resolved, the Texas Department of Public Safety is hereby directed to report to the Governor of Texas and the Texas Legislature any attempt by agencies or agents of the United States federal government to secure the implementation of Section 1021 and/or 1022 of the National Defense Authorization Act of 2012 through the operation of that or any other state department or agency.

Resolved, the indefinite detention, prosecution (according to the law of war) and transfer to a foreign jurisdiction of persons as provided by Sections 1021 and 1022 of the National Defense Authorization Act of 2012 are in direct contravention to the limits of federal power as stated in Article 1, Section 8 of the United States Constitution and are in violation of the Texas constitution. These acts are declared illegal within the legal boundaries of the state of Texas.

 

 

Resolved, any public officer, employee or agent of the state of Texas, or any employee of a corporation providing services to the state of Texas that enforces or attempts to enforce an act, order, law, statue, rule or regulation of the federal government of the United States in violation of the Texas Liberty Preservation Act shall be guilty of a Class A misdemeanor punishable by imprisonment for not more than six (6) months or by a fine not exceeding five thousand dollars ($5,000.00) or both such fine and imprisonment.

Resolved, any official, agent or employee of the federal government of the United States, or employee or a corporation providing services to the federal government of the United States that enforces or attempts to enforce an act, order, law, statue, rule or regulations of the federal government of the United States in violation of the Texas Liberty Preservation Act shall be guilty of a Class B FELONY punishable by imprisonment for not more than one (1) year, or a fine of not more than ten thousand dollars ($10,000.00) or both such fine and imprisonment.

Resolved, the Texas Liberty Preservation Act shall take effect immediately upon approval by the Governor of the state of Texas.

 

Steve Baysinger
Latest posts by Steve Baysinger (see all)

The 10th Amendment

“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.”

LEARN MORE

01

Featured Articles

On the Constitution, history, the founders, and analysis of current events.

featured articles

02

Tenther Blog and News

Nullification news, quick takes, history, interviews, podcasts and much more.

tenther blog

03

State of the Nullification Movement

232 pages. History, constitutionality, and application today.

get the report

01

Path to Liberty

Our flagship podcast. Michael Boldin on the constitution, history, and strategy for liberty today

path to liberty

02

Maharrey Minute

The title says it all. Mike Maharrey with a 1 minute take on issues under a 10th Amendment lens. maharrey minute

Tenther Essentials

2-4 minute videos on key Constitutional issues - history, and application today

TENTHER ESSENTIALS

Join TAC, Support Liberty!

Nothing helps us get the job done more than the financial support of our members, from just $2/month!

JOIN TAC

01

The 10th Amendment

History, meaning, and purpose - the "Foundation of the Constitution."

10th Amendment

03

Nullification

Get an overview of the principles, background, and application in history - and today.

nullification