Efforts to Nullify NDAA detention picking up steam in Nevada

CARSON CITY, Nev. – With the federal government apparently intent on maintaining the power to kidnap people in the United States, the movement to thwart any such action continues to grow at the state and local level.

Earlier this week, conference committee members hammering out a compromise version of the 2013 National Defense Authorization Act dropped the so-called Feinstein amendment from the bill. In essence, the weak language of the Feinstein amendment was replaced with even weaker language.

“I voted against NDAA in 2011 because it did not contain the proper constitutional protections. When my Senate colleagues voted to include those protections in the 2012 NDAA through the Feinstein-Lee Amendment last month, I supported this act,” Sen. Rand Paul (R-Ky.) said. “But removing those protections now takes us back to square one and does as much violence to the Constitution as last year’s NDAA. When the government can arrest suspects without a warrant, hold them without trial, deny them access to counsel or admission of bail, we have shorn the Bill of Rights of its sanctity.”

Even as Congress and the president shred the Constitution, lawmakers and activists in Nevada continue the battle to protect it. Nevada State Senator Don Gustavson (R-Sparks) recently filed a bill draft request for the Nevada Liberty Preservation Act. While the final language has not been finalized, the bill will prohibit state cooperation with any attempt to indefinitely detain people in the Silver State without due process.

Nevada chapters of People Against the National Defense Authorization Act (PANDA) worked diligently to rally support of the initiative in the Nevada legislature.

“We are working hard every day to restore the rights of every Nevadan, and will work tirelessly until we have succeeded,” Clark County chapter head Daphne Lee said.

Efforts to block indefinite detention in the Sliver State aren’t limited to the state legislature. The Washoe County Commission and the Reno City Council have reportedly placed discussion of a resolution condemning detention provisions written into the NDAA on the agenda in the first quarter of 2013.

“I appreciate the community support backing up our efforts and the courage of those members of our governing bodies who are willing to actively protect the constitutional rights of their constituents. We need to restore the constitutionally protected right to due process for every American,” PANDA Nevada state coordinator Christopher Corbett said.

Rep. Lyle Larson has already prefiled HB149 in the Texas legislature. The law would block state cooperation with any attempts at federal kidnapping in Texas, and provides for criminal penalties for any state or federal agents attempting to act under sections 1021 or 1022 in the NDAA.


A Look Ahead – Time To Plan

As the year 2012 draws to a close, the New Jersey Tenth Amendment Center is looking ahead to 2013 knowing there is a lot of work to do.  A few short weeks ago, we gave thanks for the victories we achieved due to the hard work of activists in our group as well as other organizations.  We can add to that a second veto of the health care exchanges, which could fall under Mike Maharrey’s “few slices of warm, buttered bread” analogy in this week’s Tenther Radio.  We’d rather the unconditional veto on constitutional grounds, but we’ll take what we can get for the moment.

Governor Christie‘s veto of the health exchanges can be used as a turning point to take control of the ObamaCare debate in this very blue state over the next year.  We need a renewed push for the Federal Healthcare Nullification Act in the State Legislature.  Governor Christie spoke of the control the federal government gives to the states over the health care exchanges.  The focus needs to be on urging state legislators of both parties to TAKE control of health care reform in our state, making decisions within New Jersey and out of the control of DC.  Even if the debate gets vicious, let it occur in Trenton and in our local communities.

Another area that needs a great deal of effort is opposing the NDAA through the Liberty Preservation Act.  Despite the claims of Feinstein Amendment supporters in the 2013 NDAA, the final product is highly unlikely to have much if any protection against the indefinite detention clauses in the 2012 NDAA.  We will need to push for those protections in Trenton, as well as the county and municipal levels.  Those who are able must get to their Town Council and County Freeholder meetings to make sure these issues are discussed.  County Sheriffs will be useful if we can win them over.  For issues like this, there is the possibility the State Legislature and Governor won’t do anything unless they see action at the local level.  We will be looking for volunteers and other organizations to help with this outreach.  See our facebook page to join the planning .


Indiana Introduces Bill Nullifying UN ‘Agenda 21’

Indiana State Representative Tim Neese has introduced a bill that would block implementation of UN “Agenda 21” policies  in the state.

HB 1021 would amend the Indiana Code concerning state and local administration.

“An Indiana governmental entity may not adopt or implement: (1) certain policy recommendations relating to the United Nations’ 1992 ‘Agenda 21’ conference on the environment and development that deliberately or inadvertently infringe on or restricts private property rights without due process; or (2) any other international law or ancillary plan of action that contravenes the Constitution of the United States or the Constitution of the State of Indiana.  Provides that an Indiana governmental entity may not enter into any agreement with, expend any sum of money received from, or pay any money to, an ‘Agenda 21′ organization.’”

This bill, if passed, would nullify the UN’s resolution, which could have scary potential. “Agenda 21” was created to be an action plan for sustainable development worldwide.  This agenda, makes a stronger UN, and may be another step closer to a single world government.  A section from this agenda reads:

“Agenda 21 stands as a comprehensive blueprint for action to be taken globally from now into the twenty-first century-by Governments, United Nations organizations, development agencies, non-governmental organizations and independent-sector groups, in every area in which human activity impacts on the environment”.

It can also be argued that UN “Agenda 21” may be laying out plans for population control.  One of the programme areas in the agenda is listed as “improving human settlement and management.”  Clearly, this power of the UN has dangerous possibilities, strengthens their role, and brings us closer to a “one-world government.”

HB 1021 will be assigned to a committee when the House reconvenes on Monday, January 7, 2013.



Piers Morgan Reduced to Name Calling in Gun Control Debate

In case you haven’t seen this yet, here’s CNN’s Piers Morgan interviewing my friend Larry Pratt of Gun Owners of America. Morgan behaves like a child, using the words “stupid” and “idiot” to refer to his guest, and Pratt keeps his cool. Morgan is totally outclassed, though that itself isn’t much of a feat, I…


Tennessee Bill would Ban Expansion of Medicaid Under Obamacare

According to recommendations from the Tenth Amendment Center, there are four major steps that states can take to play a part in the nullification of the Affordable Care Act, AKA Obamacare. (read about all four here)

So far, Tennessee has passed a Health Care Freedom Act and has rejected a state exchange, The third and first step, respectively. Senate Bill 1 (SB 0001) is a consideration of the second step in the nullification process: refusal to expand Medicaid.

SB 0001 was filed Nov.7 by Sen. Brian Kelsey and co-sponsored by Sen. Janice Bowling. Rep. Jeremy Durham said he will file the companion bill in the House.

SB 0001 states:

“Notwithstanding any provision of law to the contrary, the state shall not establish, facilitate, implement or participate in the expansion of the Medicaid program pursuant to the Patient Protection and Affordable Care Act, Public Law 111-148, as amended. SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.”

The Medicaid website reports:

“Beginning in January 2014, individuals under 65 years of age with income below 133 percent of the federal poverty level (FPL) will be eligible for Medicaid. For the first time, low-income adults without children will be guaranteed coverage through Medicaid in every state without need for a waiver, and parents of children will be eligible at a uniform income level across all states.”

If SB 0001 passes, and Tennessee refuses to expand Medicaid, Tennessee will be one step away from full Obamacare nullification – passing a federal health care nullification act.

Action Items


NDAA detention back in on an ironic day

(Dec. 19, 2012) – History dealt out a delicious bit of irony yesterday.

Lawmakers hammering out a compromise version of the 2013 National Defense Authorization Act dropped the so-called Feinstein amendment from the bill. According to a report at Politico.com, Senate Armed Services Committee Chairman Carl Levin (D-Mich.) told reporters that the provision and language the House proposed to insert instead was ultimately replaced with language that indicates that last year’s NDAA shouldn’t be interpreted to preclude Habeas Corpus suits by persons detained in the U.S.

In essence, the weak language of the Feinstein amendment was replaced with even weaker language.

Indefinite detention stays.

The irony?

Yesterday also marked the 68th anniversary of the Supreme Court decision in  Korematsu v. United States. That ruling upheld the power of the president to create “exclusion zones” under executive order 9066.

With the order, President Roosevelt vested in himself the authority to prescribe military areas in such places and of such extent as he or the appropriate Military Commander may determine, from which any or all persons may be excluded, and with respect to which, the right of any person to enter, remain in, or leave shall be subject to whatever restrictions the Secretary of War or the appropriate Military Commander may impose in his discretion. The Secretary of War is hereby authorized to provide for residents of any such area who are excluded therefrom, such transportation, food, shelter, and other accommodations as may be necessary, in the judgment of the Secretary of War or the said Military Commander, and until other arrangements are made, to accomplish the purpose of this order.”

The exclusion areas eventually covered nearly one-third of the United States and resulted in the caging of about 110,000 Japanese Americans.


Detention law challenge fails

by Lyle Denniston

Supreme Court Justice Ruth Bader Ginsburg on Friday refused to block enforcement of a broad new grant of detention power for the government, indicating that she felt a need to be cautious about putting into effect a judge’s ruling that struck down that new law, at least while the issue was under review in a federal appeals court.  Ginsburg acted without seeking a response from the federal government to a plea by writers and political activists who fear they may be seized under that new law.  [This blog covered the filing of the stay application earlier this week.]

The full text of Ginsburg’s order, as shown on the Court’s docket, reads: “Application (12A600) denied by Justice Ginsburg.  The application to vacate the order entered by the United States Court of Appeals for the Second Circuit staying a permanent injunction entered by the United States District Court for the Southern District of New York is denied.  See Doe v. Gonzales, 546 U.S. 1301, 1308-1309 (2005) (GINSBURG, Circuit Justice).”