A Liberty Preservation Act that would have nullified indefinite detention in Colorado died during the recent legislative session.
Political maneuvering by a few powerful lawmakers killed HB 13-1045, despite support on both sides of the aisle. Their lack of courage left Coloradans at the mercy of federal agents should they decide to exercise indefinite detention provisions written into the NDAA.
With the next legislative session months away, only one option remains: build grassroots groups to stop NDAA detention at the local level!
While the Colorado legislature failed to interpose, government bodies at the local level can step into the fray. Counties and cities can refuse to assist any federal attempts at indefinite detention in their jurisdictions. These measures will not only provide practical protections for their citizens, they will send a strong message to state capitals and put the pressure on to nullify federal kidnapping at the state level in the next legislative session.
Don’t wait for state lawmakers to act. Start working to stop the NDAA NOW by forming grassroots groups in your community.
Talk with your local representatives, local law enforcement, and even National Guard members. These local coalitions can stop the NDAA through education, activism, and vigilance. Then nullify locally to stop the NDAA. Encourage your city, town, municipality and county to pass resolutions and ordinances refusing to aid, enforce, or give resources to the military, DHS, or any other federal agency attempting detention under the NDAA.
When enough communities say no to unconstitutional federal acts, it will not only render them “nearly impossible to enforce” as Judge Napolitano has said, and it will also provide pressure needed to ensure that the state legislature does the right thing the next time around.
Here’s what you can start doing right now.
1. Contact your local legislators – County, City, Town - and urge them to introduce model legislation in support of the Liberty Preservation Act.
local ordinance here: http://tenthamendmentcenter.com/legislation/liberty-preservation-act/
2. Become a local leader. If you’re dedicated to stopping federally sanctioned kidnapping, we’ll provide you with the tools you need to not only act on your own, but to organize and lead others to help support these efforts.
contact us here and let us know – http://tenthamendmentcenter.com/volunteer
3. Get active on Facebook. Join the Nullify NDAA group for Colorado: https://www.facebook.com/groups/nullifyndaacolorado/
4. 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”
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.
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, the state stands on strong ground to reject a federal power which has already been struck down in federal court and is still pending appeal. Whether on a local or a state level, NDAA should be rejected with full confidence.