New Hampshire Seeks to Establish Liberty Preservation Act, Nullify NDAA

HB 399, a Liberty Preservation Act, has been introduced by House Representative Dan Itse. The bill would nullify NDAA “indefinite detention” within the state.

Itse is no stranger to nullification, and in many ways has been one of the intellectual leaders of this movement growing in state houses around the country.

HB399 states, “The legislature finds that the enactment into law by the United States Congress of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012, Public Law Number 112-81, is inimical to the liberty, security, and well-being of the people of New Hampshire, and was adopted by the United States Congress in violation of the limits of federal power in United States Constitution.”

The bill also lists the peoples’ rights which are under attack with the 2012 NDAA from (a) Article I, Section 9, Clause 2’s right to seek writ of habeas corpus; (b) The First Amendment’s right to petition the government for a redress of grievances; (c) The Fourth Amendment’s right to be free from unreasonable searches and seizures; (d) The Fifth Amendment’s right to be free from charge for an infamous or capital crime until presentment or indictment by a grand jury; (e) The Fifth Amendment’s right to be free from deprivation of life, liberty, or property, without due process of law; (f) The Sixth Amendment’s right in criminal prosecutions to enjoy a speedy trial by an impartial jury in the state and district where the crime shall have been committed; (g) The Sixth Amendment’s right to be informed of the nature and cause of the accusation; (h) The Sixth Amendment’s right to confront witnesses; (i) The Sixth Amendment’s right to counsel; (j) The Eighth Amendment’s right to be free from excessive bail and fines, and cruel and unusual punishment; and (k) The Fourteenth Amendment’s right to be free from deprivation of life, liberty, or property, without due process of law.”

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Mississippi Bill Would Nullify NDAA

Senate Bill 2689 was introduced by Senator McDaniel of Mississippi to fight against the NDAA. Mississippi makes the 8th state to introduce legislation against NDAA so far this year. Currently the bill sits in the Senate Judiciary, Division A Committee.

“The Legislature of the State of Mississippi, condemns in no uncertain terms Sections 1021 and 1022 of the 2012 NDAA as they purport to (i) repeal the Posse Comitatus doctrine and authorize the President of the United States to utilize the Armed Forces of the United States to police the United States of America, (ii) indefinitely detain persons captured within the United States of America without charge until the end of hostilities as purportedly authorized by the 2001 Authorization for Use of Military Force, (iii) subject persons captured within the United States of America to military tribunals, and (iv) transfer persons captured within the United States of America to a foreign country or foreign entity.”

SB 2689 continues, “The State of Mississippi shall not provide material support or participate in any way with the implementation of Sections 1021 and 1022 of the National Defense Authorization Act of 2012 within the boundaries of this state. The Department of Public Safety is hereby directed to report to the Governor and the Legislature any attempt by agencies or agents of the United States Federal Government to secure the implementation of Sections 1021 and 1022 of the National Defense Authorization Act of 2012 through the operations of that or any other state department.”

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Missouri Starts Fight for Intrastate Freedom

Missouri’s House Representative, Chrissy Sommer has filed a bill called the Intrastate Commerce Act or HB 181. This bill was filed along with HB 162 which is Missouri’s Firearms Freedom Act. These two bills go hand-in-hand. While the Firearms Freedom Act upholds the Federal Government to it limited Constitutional powers to not infringe on the the right to bear arms, the Intrastate Commerce Act of Missouri reaffirms that a state is in control of the commerce that happens within the state while the federal government is only limited to regulating the commerce between states.

This bill states, “All goods produced or manufactured, whether commercially or privately, within the boundaries of this state that are held, maintained, or retained within the boundaries of this state shall not be deemed to have traveled in interstate commerce and shall not be subject to federal law, federal regulation, or the authority of the Congress of the United States under its constitutional power to regulate commerce. This section shall apply to goods that are manufactured within this state from basic materials or parts. The authority of the Congress of the United States to regulate interstate commerce in basic materials or parts shall not include the authority to regulate goods manufactured within this state from such materials or parts.”

The Constitution states, “The Congress shall have power… to regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes…The Congress shall have Power…to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” Robert Natelson notes in The Original Constitution that there are misconceptions of the commerce clause in the Constitution, that the regulation of commerce is not exclusively enumerated to Congress and that commerce did not include everything under the sun. The states still have immense power to regulate commerce within their own state and even with foreign nations.

Natelson writes, “Federalists repeatedly represented that the Constitution would leave the states as the sole government regulators of the vast majority of human actives. They affirmed that the central government would have almost no role over…use of personal property outside commerce, wills and inheritance, business regulation and licensing, manufacturing” and others.

Also Natelson writes, “The Constitution banned states from imposing duties on imports or exports without the consent of Congress…otherwise, states were free to regulate commerce with foreign nations–and even to impose embargoes on goods from outside–subject to preemption by Congress or by federal treaties.”

The reason HB 181 and 162 go hand-in-hand is because the cry for gun control unleashes the federal government out of bounds of its limited duties. Senator Feinstein of California published legislation that is purely unconstitutional and infringes on the states rights to regulate commerce within its own boundaries.

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Enemy of the State

In a published FOIA request, an Airman stationed in the UK was investigated after a mental breakdown caused by conflicting values of US military’s mission and her own political beliefs. She was found to sympathize with Bradley Manning, Julian Assange, and Wikileaks. She had admitted to communicating her political ideas with various organizations known for anti-war/anti-military sentiments on Twitter and to a UK journalist. She also attended the Julian Assange Trial. However, her own admission and tweets revealed that she was never asked to release any intelligence to these groups and denied volunteering any intelligence to any journalist or group. The US Airforce Office of Special Investigations filed a complaint report on matters alleging “Communicating with the Enemy.”

The Uniform Code of Military Justice (UCMJ) Article 104: Communicating with the Enemy states:

“Any person who–
(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
(2) without proper authority, knowingly harbors or protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly;
shall suffer death or such other punishment as a court-martial or military commission may direct.”

Who is the enemy in this document? Is it Julian Assange? Wikileaks? Journalists? Bloggers? Social media users? Those opposed to an unconstitutional and failed foreign policy? Anti-war organizations? The leaked document does not directly point to any person or organization but acknowledges who the Airman was in contact with and her activities surrounding her political beliefs. But, constitutionally speaking, who gets to determine the enemy?

The Constitution does not provide any structure to determine an enemy. An enemy could be those the US is at war with. Congress has the power to declare war but there is no framework as to what constitutes a declaration of war. In Federalist Paper number 3, it states, “The just causes of war, for the most part, arise either from violation of treaties or from direct violence.”

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Georgia’s Jury Nullification Act

Representative Charles Gregory has prefiled HB25, known as the Fully Informed Jury Act of 2013.

This act states, “In a criminal jury trial, the court shall permit the defendant or his or her counsel to argue for jury nullification in its role as the judges of the law and the facts pursuant to Article I, Section I, Paragraph XI of the Constitution.” Article I, Section I, Paragraph XI of the Georgia Constitution deals with the right to trial by jury, number of jurors, and the selection and compensation. If the Fully Informed Jury Act passes, then the Georgia Constitution would be amended to include jury nullification as a responsibility of the court.

Jury nullification has had a long tradition extended prior to American History. During colonial times, jury nullification was successfully used and juries informed of their right.

In 1734, Peter Zenger, a writer for The New York Weekly Journal was being prosecuted for seditious libel by the Royal Governor of New York. Retold in a Mises journal article “The court instructed the jury that truth was no defense. Defense counsel Andrew Hamilton, however, urged the jury to reach their own conclusions about this legal issue.” The jury came back with a not guilty verdict.

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Alaska Updating their Firearms Freedom Act

Representative Chenault, along with cosponsors Representatives Millett, Johnson, and Wilson, have introduced HB069 that builds on their previous Firearms Freedom act of 2010 HB 186.

Currently HB069 is assigned to the House Judiciary Committee.

HB069 has minor changes to the previous Firearms Freedom Act of 2010. This bill removes the “made in Alaska” stamp requirement from HB 186. Instead, Alaska will have to acknowledge all legally obtained firearms possessed in the state of Alaska as not subject to any federal acts, laws, or regulations.

HB069 states, “A personal firearm, a firearm accessory, or ammunition that is possessed in this state or manufactured commercially or privately in this state and that remains in the state is not subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce as those items have not traveled in interstate commerce.”

The bill continues, “The authority of the United States Congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearm accessories, and ammunition possessed in this state or made in this state from those materials. Firearm accessories that are imported into this state from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in this state.”

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Missouri Bill would Form a 10th Amendment Commission

The Feds have acted with impunity for too long. Recently, American citizens have had their liberties stripped by federal laws that allow for the spying on phone calls, emails and text messages ; indefinite detention; and forcing you to buy health insurance. Missouri Senator Emery has introduced SB 119, a bill to create a State…

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Georgia Firearms Freedom Act Introduced

HB 89 has been introduced into the Georgia State Legislature. Like similar bills introduced in Oklahoma, Arizona, Michigan, Indiana, and elsewhere, HB89 states, “A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Georgia and that remains within the borders of Georgia shall not be subject to federal law or…

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Texas Senate Continues the Stand Against the TSA

The Post-9/11 era ushered in a new wave of theatrical security labeled the Transportation Security Administration. This government agency, which seems to have hired more criminals than they caught, has worked with impunity with no regard to the unconstitutional search and seizure of personal property. With a zero success rate in capturing terrorists, the TSA has instead irratiated, humiliated, molested, and stole from the customers of air travel, all the while completed funded by you the tax payer.

Senator Patrick has filed SB 20. This bill is a companion bill to the Texas State House bill HB 80 introduced by Representative Simpson.

This piece of legislation reads, “A person who is a public servant commits an offense if the person: while acting under color of the person’s office or employment:

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Colorado NDAA Nullification Introduced

House Representative Jared Wright has introduced House Bill 1045 which prohibits any assistance by the state of Colorado in enforcing Section 1021 provisions of the 2012 National Defense Authorization Act (NDAA). This bill has been assigned to the State, Veterans and Military Affairs House Committee.

Section 1021 of the NDAA which sets up a “legal” framework for the federal government to kidnap and detain anyone under the Authorization of the Use of Military Force. It expands the battlefield to the United States and to US citizens.

HB 1045 states, “This section…shall not provide aid to an agency of the armed forces of the United States in any investigation, prosecution, or detention of any person pursuant to section 1021 of the Federal “National Defense Authorization Act for Fiscal Year 2012″.. if such aid would place the entity in violation of any provision of the United States Constitution, The Colorado Constitution, or any law of this state.”

This bill prohibits aid to the federal government from any agency of the state, political subdivision, Colorado state employee, or any member of the Colorado National Guard.

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