CONCORD, N.H. (Mar. 13, 2013) Today in a lopsided vote, the Democrat-controlled State House of Representatives in New Hampshire approved Representative Dan Itse’s HB399, the Liberty Preservation Act. If passed into law, HB399 would nullify the NDAA “indefinite detention” powers that Barack Obama signed into law at the end of 2011. The vote was 337-15 (roll call here).
HB399 would prohibit state cooperation with indefinite detention without due process under the National Defense Authorization Act.
The state of New Hampshire shall not provide material support or participate in any way with the implementation of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 within the boundaries of this state. The department of safety is hereby directed to report to the governor and the legislature any attempt by agencies or agents of the United States government to secure the implementation of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 through the operations of that or any other state department.
In order to ensure this statewide noncompliance, the Liberty Preservation Act includes criminal charges for any state agent in violation of the act:
Any public officer, employee, or agent of the state of New Hampshire, or any employee of a corporation providing services to the state of New Hampshire that enforces or attempts to enforce an act, order, law, statute, rule, or regulation of the government of the United States in violation of paragraph I shall be guilty of a class A misdemeanor.
HOUSE REPUBLICAN ALLIANCE IN SUPPORT
In a press release from the House Republican Alliance, Rep. Al Baldasaro- Londonderry stated, “In passing the National Defense Authorization Act (NDAA) sections 1021 and 1022, the Congress of the United States of America has suspended the privilege of the writ of Habeas Corpus, allowing any American citizen to be indefinitely detained without warrant.
This power can only be invoked during times of rebellion or invasion, when there is ongoing open warfare on American soil. However, Congress has declared no such war, making those sections of the NDAA unconstitutional. New Hampshire proposes to declare those sections unconstitutional and to protect its citizens by making it a crime to carry them out or aid in their execution within the borders of New Hampshire.
We do not believe the federal government can lock up our citizens without just cause. By passing HB 399, we are asserting our duty as a State to protect our citizens. ”
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.
The federal government most certainly needs compliance, if not outright assistance, from the states when it does its dirty deeds. Information-sharing, logistics assistance, access to infrastructure, help from sheriffs blocking roads, and the like. They can rarely pull things off without help from state and local officials.
Just ask the DEA when they come to California. They’re never able to pull off a raid of a marijuana dispensary without the help of the local sheriff or police departments. Or, look at the Affordable Care Act, AKA Obamacare. Without states shouldering the burden of operating and funding insurance exchanges, the entire act could collapse.
The fact is this: Without state compliance and assistance, many unconstitutional federal acts are little more than a house of cards. Refusing compliance on a state or local level is a big deal – and it sets the stage for others to do the same.
Such noncompliance on a wide scale is very effective in rendering an unconstitutional federal act null, void or just unenforceable. Learn how this method plays out and works as a method of nullification, HERE.
ACTION ITEMS for New Hampshire
1. Contact your state senator. Strongly, but respectfully urge him/her to vote YES on HB399.
You can find your Senator’s contact information here:
2. Encourage your local community to take action as well. Present the Liberty Preservation Act to your city county, your town council, or your county commissioners. Various local governments around the country are already passing similar resolutions and ordinances. Local legislative action present a great way to strengthen a statewide campaign against NDAA indefinite detention
Model legislation here:
3. Share this information widely. Please pass this along to your friends and family. Also share it with any and all grassroots groups you’re in contact with around the state. Please encourage them to email this information to their members and supporters.
BACKGROUND ARTICLES AND INFORMATION ON NDAA “INDEFINITE DETENTION”
Note: while some believe that the 2013 NDAA eliminated indefinite detention, it does not. Dianne Feinstein introduced a very weak amendment to 2013 – and it failed anyway. 2012 indefinite detention provisions remain in tact – and the Obama administration is aggressively defending them in court.
Also, a case about indefinite detention is still being heard in federal court. Last year, Federal Judge Katherine Forrest struck down these indefinite detention powers as unconstitutional. She issued a temporary court order blocking the use of these powers. That order was revoked by the appeals court and indefinite detention powers remain while the case is currently on appeal but not decided.
Additionally, when asked by Judge Forrest if the federal government was using indefinite detention in violation of her temporary order blocking it, Barack Obama’s attorneys refused to confirm, leaving the door open that the Feds were potentially using this power in secret, even in outright defiance of an order from the federal courts.
Because of all this, and more, New Hampshire stands on strong ground to reject a federal power which has already been struck down in federal court and is still pending appeal.
The New Hampshire State Senate should pass HB399 with full confidence.