San Francisco Board of Supervisors unanimously rejects NDAA “indefinite detention”

On Tuesday, February 26 2013, the San Francisco Board of Supervisors voted unanimously in favor of a resolution entitled: ” Resolution expressing opposition to the indefinite detention provisions of the National Defense Authorization Act”.

The resolution was sponsored by SF Board President David Chiu and co-sponsored by Supervisors Avalos, Breed, Campos, Kim, and Mar. Chiu said of the NDAA at the SF BOS meeting last night: “….These indefinite detention provisions violate fundamental American legal principles like the presumption of innocence, [and] the 5th amendment right to due process…”.

Chiu joined a few dozen people who gathered for a rally to introduce the legislation outside City Hall recently.

“I thought we had left behind the dark days of World War II,” Chiu said, citing the forced incarceration of 120,000 Japanese-Americans and Japanese immigrants during the 1940s.

Joseph Nicholson from the San Francisco 99% Coalition, one of the groups that joined Chiu at the rally, said the NDAA “crosses an important line.”

Nicholson said, “It takes the rules of war and applies them here at home.”

While non-binding, the resolution instructs San Francisco agencies to decline federal requests for detention powers granted by the NDAA, asks state and federal agencies to work in accordance with local laws and urges Congress to repeal those provisions of the law.


Oklahoma House Committee Passes Obamacare Nullification, 8-5

Today, the Oklahoma House committee on States’ Rights had a hearing on House Bill 2073 (HB2073), introduced by State Representative Dan Fisher. The bill would declare unconstitutional the Patient Protection and Affordable Care Act, AKA Obamacare – and require the state legislature to “adopt and enact any and all measures as may be necessary to prevent” its enforcement within the State.

After some sharp discussion and debate, the committee passed the bill by a vote of 8-5. HB2073 will now be sent to the Calendar committee which will need to approve the bill before sending it to the full Oklahoma State House for a floor debate and vote. (action items below)

HB2073 declares that the Patient Protection and Affordable Care Act, as well as the Health Care and Education Reconciliation Act of 2010:

are not authorized by the Constitution of the United States and violate its true meaning and intent as given by the founders and ratifiers, and are hereby declared to be invalid in the State of Oklahoma, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.

The bill also provides for criminal penalties for federal agents who attempt to enforce the unconstitutional federal act:

Any official, agent, or employee of the United States government or any employee of a corporation providing services to the United States government that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a felony and upon conviction shall be punished by a fine not exceeding Five Thousand Dollars ($5,000.00), or a term of imprisonment not exceeding five (5) years, or both.

Mark Kreslins, Executive Director for Oklahoma Liberty, an organization backing nullification in Oklahoma, was supportive of the committee vote. He said, “Today was a good day for liberty in Oklahoma and a good day for liberty over all. Now the real fight begins to have this bill heard on the house floor. Based on the response from thousands of Oklahomans they want this bill heard.”


Montana House Votes to Nullify NDAA Indefinite Detention, 98-0

NOTE: After initially reporting a vote of 97-1, the Montana legislature has updated the vote count to 98-0

After passing out of committee by a unanimous vote last week, the full Montana State House approved House Bill 522 (HB522) and moved the bill on to the State Senate. The vote was 97-1.

A modified version of the Liberty Preservation Act released by the Tenth Amendment Center, Montana joins a growing choir of states and localities who’ve decided that waiting for federal politicians to repeal their own power is something they’re not willing to risk.

The bill was sponsored by State Representative Nicholas Schwaderer who worked hard behind the scenes to get a bipartisan group of legislators to cosponsor – 18 republicans and 6 democrats. In presenting the bill on its 2nd reading yesterday, Schwaderer said his motivation to introduce the bill was to get something done, and not just make a statement.

“I thought, how can we deal with this and not have it be some kind of letter to Santa Claus?”

He also noted that the bill brought together a wide coalition of support from around the political spectrum.

This bill has the coolest spread of sponsors signed on. A lot of people support of the bill that would be opposing each other. I urge a big ole green on this one!

If signed into law, HB522 would make it illegal for Montana to participate in NDAA indefinite detention: “The state of Montana may not provide material support or participate with the implementation of sections 1021 and 1022 of the federal National Defense Authorization Act for Fiscal Year 2012, Public Law 112-81, within the boundaries of this state”

Noncompliance with federal law is 100% noncontroversial both legally and constitutionally. There’s absolutely ZERO serious thought that supports the idea that the federal government has the constitutional authority to require state agents to enforce federal laws. Even the Supreme Court has affirmed this more than once in recent history. Statements to the contrary are absurd.


Kansas 2nd Amendment Preservation Act Passes House Committee

After multiple committee hearings, today the 2nd Amendment Preservation Act was passed by the Kansas House Committee on Federal and State Affairs. There was a voice vote to move the bill forward and according to co-sponsor, Rep. Brett Hildabrand, “there was no audible opposition.” It will now move to the full state house for consideration, debate and full vote.

House Bill 2199 (HB2199) was introduced by State Representative John Rubin and 50 cosponsors in total. The bill would nullify most federal gun control measures on firearms, accessories and ammunition either owned OR made within the state. The bill reads, in part:

A personal firearm, a firearm accessory or ammunition that is owned or manufactured commercially or privately in Kansas and that remains within the borders of Kansas is not subject to any federal law, treaty, federal regulation, or federal executive action, including any federal firearm or ammunition registration program

It also takes the strong constitutional positions that laws which are contrary to the 2nd Amendment are no law at all:

Any act, law, treaty, order, rule or regulation of the government of the United States which violates the second amendment to the constitution of the United States is null, void and unenforceable in the state of Kansas

Alexander Hamilton proclaimed the same when he wrote the following in Federalist #78:


Oklahoma House Committee Votes to Nullify Drone Spying

Yesterday, the Oklahoma State House Committee on Energy and Aerospace passed HB1556 this afternoon, with 23 votes for and 4 against. (vote tally here)

The intention of the bill is to protect people living in Oklahoma from loss of privacy by “prohibiting operation of an unmanned aircraft system for surveillance.” The bill will move on to the calendar committee for further consideration. If approved, it will head to the House floor for a vote.

HB1556 would allow the use of drones by law enforcement in only a few, very restricted, situations – the bill specified search and rescue, and under warrant, for example. Warrants have to be very specific in the information they are trying to obtain, must show probable cause, and don’t allow for the keeping of extraneous information that is coincidentally collected about non-involved persons in the process.  Which means that your neighbors should be safe from surveillance, even if the police have a warrant for your backyard. If footage of them happens to be collected in the process, it must be discarded.

If the bill becomes law, therefore, it would be a great victory in protection against unreasonable search and seizure, especially as we head into the new frontier of massive drone production that’s being pushed by the Federal Government.


Supreme Court places National Security Agency above the law

by Samantha A. Peetros, BORDC Yesterday, the US Supreme Court (SCOTUS) decided, in a monumental 5-4 case, that the secrecy of government surveillance can perversely insulate dragnet warrantless wiretapping scheme from judicial review. In one fell swoop, the case effectively invites the government to continue spying on law-abiding Americans en masse, renders the judiciary institutionally complicit…