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.”Details