Wyoming Legislators Take on the NDAA

Wyoming state representative Kendell Kroeker, along with reps Hunt and Miller, and Senator Case, are introducing a bill that declares the indefinite detention provisions of the 2012 NDAA to be unconstitutional, prohibiting enforcement of the federal act.

H.B. 0114 – The Liberty Preservation Act – is currently up for consideration in the Wyoming legislature, and could be heard later this week. It declares the above sections of the NDAA to be “inimical to the liberty, security and well being of the people of Wyoming” and further states that they were “adopted by the United States congress in violation of the limits of federal power in the United States Constitution.”

The bill not only cites the various constitutional violations of the NDAA, but makes it a criminal misdemeanor for state employees and public officers to participate in trying to implement the aforementioned provisions. This would be a bold step for Wyoming. If passed, they could possibly be the first state to make participation with the feds in kidnapping people under the NDAA a criminal act.

Representative Kroeker affirms that it comes down to the basics of his role as a legislator.

“The oath that I take is pretty simple; to uphold the United States Constitution, and the Wyoming Constitution. The provisions of the NDAA are a direct violation, and we have an obligation to push back against it.”

Several other states, including Washington and Texas, have similar legislation coming up this session. Sources close to the Tenth Amendment Center tell us to expect at least 12 states doing the same in 2013.


Indiana SB-127 Would Limit Federal Arrest Power

The power to arrest for federal officials in Indiana may face limits this year should State Senator Dennis Kruse’s legislation SB-127, the Indiana Sherrifs First Act, becomes law. That would mean as Sec. 1(a) states,

“a federal employee who is not designated by state law to act as a state law enforcement officer may not make an arrest, a search, or a seizure in Indiana unless, before making the arrest, search, or seizure, thefederal employee obtains the written permission of the sheriff or the designee of the sheriff who has jurisdiction in the county in which the arrest, search, or seizure will occur.”

There are exceptions in Sec. 1(b) which you can read here. The feds retain arresting power in federal enclaves, when a crime is imminent or witnessed and requires immediate action, the subject of arrest is employed by the sheriff, or if a state law designates the federal employee as a state law enforcer.

On Monday, January 7 the bill was read then introduced to the Committee on Rules and Legislative Procedure. If it passes, the law would take effect July 1. One sheriff hopes to see such a difference made.

“This is the type of positive state legislation that will help reign in federal usurpations of our Constitution,” said Sheriff of Elkhart County, Brad Rogers. If you don’t remember the name, this is the sheriff who took on the FDA when they threatened dairy farmers in his jurisdiction. Rogers continues, “However, we the people still have an obligation to elect sheriffs who will uphold their oath of office. Otherwise, a law such as this won’t go far in protecting us from what it is designed to do.”


Wyoming to Preserve the Second Amendment?

In response to current threats from the Federal Government on banning firearms, firearms accessories and ammunition, States are beginning to take action to hold the Federal Government to its constitutional limits under the 2nd Amendment. “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”

Wyoming Rep. Kendell Kroeker has sponsored and introduced HB0104. the Firearms Protection Act. Representatives Baker, Burkhart, Jaggi, Miller, Piiparinen, Reeder and Winters and Senators Dockstader and Hicks have co-sponsered this bill.

Wyoming’s Firearms Protection Act, is “an act relating to firearms; providing that any federal law which attempts to ban a semi-automatic firearm or to limit the size of a magazine of a firearm or other limitation on in this state shall be unenforceable in Wyoming; providing a penalty; and providing for an effective date.” This act nullifies all federal laws made after Jan. 1, 2013.

“We need the second amendment because it is the protection for all of our other rights. Without it, those rights have no protection,” Kroeker said.


Supreme Court Justices are Behaving Badly

Contrary to the notion that Supreme Court Justices are appointed for Life, the truth is that the Constitution indicates that they shall hold office during times of good behavior.

The question that needs to be asked is what constitutes bad behavior and who determines if the Justices on the Supreme Court are doing their job satisfactorily?

Justices that demonstrate their competency are ones making judgments that are aligned with the Constitution. When Justices deviate from the Constitution and make decisions that expand the power of the Congress and the President they are reveal their bad behavior.