S.C. Senate Approves NDAA Nullification 25-15

COLUMBIA, S.C. (March 19, 2013) – On Tuesday, South Carolina moved a step closer to refusing cooperation with indefinite detention provisions without due process written in to the National Defense Authorization Act.

The Senate passed S.92 by a 25-15 vote. (See the roll call HERE.)

The bill, sponsored by Sen. Tom Davis, forbids any state compliance with NDAA detention provisions.

No agency of the State, officer or employee of this State, solely on official state duty, may engage in an activity that aids an agency of the armed forces of the United States in execution of 50 U.S.C. 1541, as provided by the National Defense Authorization Act for Fiscal Year 2012, or any subsequent provision of this law in the detainment of any citizen of the United States in violation of Section 3, Article I, and Section 14, Article I of the South Carolina Constitution.”

“If states don’t act, the federal government will continue its march over basic individual rights like due process,” Davis said. “It’s the appropriate role of the states to stand against federal overreach, and act as a constitutional check on unlimited federal power.”

Tenth Amendment Center communications director Mike Maharrey praised the South Carolina Senate for passing the bill, noting the power of state non-compliance.


Maine Bill would nullify indefinite detention under the NDAA

The nationwide fight to nullify the indefinite detention provisions (Sections 1021 and 1022) of the National Defense Authorization Act for Fiscal Year 2012 carries on as localities, counties, and states introduce and pass resolutions against the detention powers the federal government has delegated itself.

Maine has now joined the ranks of states willing to challenge the federal government’s over-zealousness.

LD1054, introduced by Representative Libby, prohibits the enforcement of the NDAA for FY 2012 in the State of Maine.

The bill both prohibits and requires the following:

  1. Prohibits within the State the activities authorized by the Act that the Legislature finds unconstitutional;
  2. Prohibits the State from providing material support to or participating in the implementation of provisions of the Act that the Legislature finds unconstitutional;
  3. Requires the Department of Public Safety to report to the Governor and Legislature any attempt by an agency or agent of the Federal Government to implement the Act through the operation of any state department or agency;
  4. Makes a federal official or employee of a corporation doing business with the Federal Government who enforces or attempts

“Finally politicians acting on their duty to interpose when the federal government acts outside its Constitutional realm. Until this bill becomes law, all Mainers and persons in Maine should take action to preserve liberty for themselves and their community,” said Nick Hankoff, a member of the Tenth Amendment Center’s outreach team.


Missouri 2nd Amendment Preservation Act: A Call for Action!

From Missouri First: There are only 2 months left in the Missouri General Assembly’s legislative session. Every passing day decreases the chances any bill has to pass, and our state legislature is on vacation this week. We must work while they are on break!.

The new attacks on our right to keep and bear arms are moving faster in Congress than the protection bills are moving in the Missouri legislature. The U.S. Senate Judiciary Committee has passed bills to require universal background checks AND an assault weapon ban. Pundits say those bills won’t pass the full Senate or the House, but federal and state agencies are implementing programs that are eroding the right to keep and bear arms piece by piece. The actions of the Veterans Administration and the Missouri Dept. of Revenue’s collaboration with the Dept. of Homeland Security are prime examples.

To protect our rights to protect our families in Missouri, our goal MUST be to pass eitherHB 436 or SB 325 and put it on the governor’s desk within the next 30 days. Why 30 days? Missouri law requires the governor to either sign, veto, or let a bill become law without his signature within 15 days of receiving it from the legislature if there are more than 15 days left in the session. If he vetoes it, the legislature can, then, override the veto during the remainder of the session.


Texas Bill Would Protect People from Obamacare Taxes

Texas is attempting to throw a monkey wrench in the implementation of the Patient Protection and Affordable Care Act (PPACA) by obstructing the Federal Government from collecting any tax applicable under the act and minimizing the burden on the taxpayer.

Texas Bill HB3785, an Act relating to the nullification of unconstitutional federal laws that create or increase taxes and the enforceability of related federal tax liens or levies; providing for a filing fee and providing criminal penalties, was introduced by Representative Charles Perry on March 8, 2013.

The policy enacted will allow Texas to protect its citizens from tax liabilities created by the PPACA.  If the legislature nullifies other unconstitutional federal laws that create or increase taxes, the same policies shall be used to protect citizens from those tax liabilities. -text HB3785

The Texas Bill finds the PPACA unconstitutional for several reasons: