By using his veto on HB522, a bill that would have prohibited the state from assisting the federal government in any way with the “indefinite detention” provisions of the NDAA, Bullock has made his position quite clear. He not only supports indefinite detention, he wants to ENSURE that Montana resources are used to help carry it out.
There is absolutely ZERO serious dispute about the fact that the federal government cannot “commandeer” the states to carry out its laws. None. Even the Supreme Court has affirmed this multiple times.
In the 1992 case, New York v. United States, the Supreme Court ruled that Congress couldn’t require states to enact specified waste disposal regulations.
In the 1997 case, Printz v. United States, the Supreme Court ruled that the federal government could not command state law enforcement authorities to conduct background checks on prospective handgun purchasers.
In the 2012 case, National Federation of Independent Business v. Sebelius, the Supreme Court ruled that a significant expansion of Medicaid was not a valid exercise of Congress’s spending power, as it would coerce states to either accept the expansion or risk losing existing Medicaid funding.
In each of these cases, the Supreme Court made is quite clear that their opinion is that the federal government cannot require the states to act, or even coerce them to act through a threat to lose funding. Their opinion is correct. If the feds pass a law, they can sure try to enforce it if they want. But the states absolutely do NOT have to help them in any way.
ACTION STEPS for Montana residents
A motion to override the veto should be made in the house on Tuesday, April 23rd. It will need a vote there, then on to the Senate if successful. Please act NOW to support a veto override on HB522
1. Call your State Representative. Call now, even if you just leave a voicemail overnight. Focus special attention on Democrats, who might waver in the face of the Democratic Governor issuing a veto. Remind them that indefinite detention and due process is NOT a partisan issue. Let them know you want a YES vote on HB522 – vote principle over party. The original vote was 98-0 – so any help you can give in encouraging your representative to hold their ground will help override this veto!
Contact info here:
2. Call your State Senator. Do the same with the State Senate. Call now. Don’t email. Call, leave a message if necessary. YES on HB522!
Contact info here:
3.Get active on Facebook. Join the Nullify NDAA group for Montana and get involved with others around the state to stop indefinite detention. https://www.facebook.com/groups/nullifyndaamontana/