Tennessee State House and Senate Working To Stop Indefinite Detention

Two bills have been introduced in the Tennessee legislature to stop the indefinite detention provisions of the 2012 National Defense Authorization Act from being complied with by local and state law enforcement officials.

House Bill 1059 and Senate Bill 1290 were introduced on Feb. 11 and Feb. 14, respectively. They were referred to the State Government Committee and Senate Judiciary Committee where they currently await further action. HB 1059 was sponsored by Rep. Rogers (R-Goodlettsville) with seven more House members adding their support. SB 1290 was sponsored by Sen. Summerville (R-Dickson).

HB 1059 says, “Notwithstanding any law to the contrary, no agency of this state, political subdivision acting in his or her official capacity, member of the Tennessee National Guard on official state duty or member of the Tennessee state guard and civil air patrol shall aid an agency of the armed forces in any investigation, prosecution or detention of any United States citizen pursuant to section 1021 of the national defense authorization act of fiscal year 2012.” The Senate Bill contains the same text.

Although these bills do not interpose any criminal penalties for feds who try to kidnap Americans without proper legal protections, they do get the incredibly important idea of non-compliance to federal laws out there to Tennesseans. These bills are a firm stand against the dangerous idea promulgated all too often that the states wield nothing more than vestigial power and are meant to acquiesce to whatever their federal masters dictate to them, no matter how obviously unjust it is.

Sadly, there are still many voices of the soon-to-be obsolete political establishment spewing the same old tired nonsense in opposition. A great example of this is Tennessee State House Democratic Caucus Chairman Mike Turner. He said to the Knoxville News Sentinel that “[Republicans and Democrats] need to show some courage to put these extremists in line. … There are extremists in both political parties. A lot of their extremists got elected to the Legislature. Our extremists didn’t get elected to the Legislature.”

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Nothing to Worry About on Indefinite Detention? Guess Again

As mentioned in Friday’s feature article about the Feinstein-Lee Amendment by Tenth Amendment Center Legal Analyst Blake Filippi, it did absolutely nothing to rectify the loss of rights Americans faced from the indefinite detention provisions in the 2012 NDAA that we are working to nullify throughout the country. However, Senator Mike Lee disagrees about the…

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Texas Moves To Nullify NDAA

House Bill 149 (LS: 83R) – Texas Liberty Preservation Act.

Website: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB149

HB149 is a Bill introduced in the Texas Legislative Process on Nov. 12, 2012, by its author (Rep. Lyle Larson) and currently sits at stage 1 (filed). The design of the Bill is to nullify portions of the National Defense Authorization Act (NDAA) implemented by the federal law. Specifically, sections 1021 and 1022 are being made invalid and illegal in the State of Texas. You can read the entire bill here: http://www.capitol.state.tx.us/tlodocs/83R/billtext/pdf/HB00149I.pdf#navpanes=0

Section (1) (b) (1) of the Bill lays out the constitutional groundwork of the findings that prompted the bill in the first place. It notes the limitations of the federal government under the 10th Amendment. It read:

(b) The legislature finds that:
(1) The Tenth Amendment to the United States Constitution authorizes the United States federal government to exercise only those powers specifically delegated to it under Article I, Section 8, United States Constitution;

Many people think that whatever the federal government creates as law it is the “supreme law of the land” but that is not true. Often the federal government creates laws that are thrown out because they go beyond the powers delegated to the government in the Constitution. Section (1) (b) (3) of the Bill makes this point eloquently clear. It reads:

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Rhode Island Rallying Resolve to Deny NDAA

Rhode Island state rep Dan Gordon sounded excited in his Monday morning voicemail to TAC:

“I just checked our committee calendar and the NDAA resolution has been scheduled for a second hearing this coming Wednesday…We’re virtually assured passage out of committee to the house floor and then passage on the house floor.”

Gordon was referring to H7916 (“TO PRESERVE HABEAS CORPUS AND CIVIL LIBERTIES OF THE CITIZENS OF RHODE ISLAND”), his legislation that garnered literally a majority of the house members as co-sponsors.  It is legislation that would deny the authority of the Federal government to order kidnapping as described in the National Defense Authorization Act.

“With this second hearing- on it’s own course right now.  I don’t expect much debate at all- there will be limited commentary but I don’t see much opposition.  Typically, a bill doesn’t get through to the house floor without the consent of the Speaker of the House.  If a bill has no chance, it will not normally get a second hearing.” said Gordon in a follow up call Monday.

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A Busy Week for the Tenth Amendment in Pennsylvania

According to the West Chester Patch, two Tenth Amendment legislative items are on the House calendar in Pennsylvania this week.

First, the House State Government Committee will take up SB10, “A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, providing for health care services“, in a hearing beginning at 9am tomorrow. This legislation proposes an amendment to our state Constitution which prohibits:

  • laws requiring an individual to purchase health insurance;
  • penalties for direct payment for health care services; and
  • penalties, taxes, assessments or fees for failure to purchase health insurance.
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Police State Clashes with Protesters in Chicago

With the recent outburst of Police-State action in Chicago, while we’d hoped it wouldn’t come to this – we can’t say we didn’t know it was coming. With images coming not out of Iran or Egypt, but out of some of the Tenther communities own back yard, we’re witnessing a literal army of state and federal funded police, in riot gear bloodying faces, shoving people – and according to some reports – even running people over. So it’s understandable that the Liberty community is a little apprehensive that what we’re witnessing isn’t yet another exception to the rule – but a sign of things to come for every-day Americans in the near future.

And regardless of where Tenthers choose to stand on the Occupy movement, the escalating action on the part of the local, State and Federal Government is certainly worthy of condemnation in regards to obvious first-amendment Constitutional violations. Besides, with the majority of the protestors remaining peaceful, there’s only been a select number acting with violent intent – who according to Bernie LaForest, member of the Tenther Community, stated was “mostly from the anarchist crowd from the G8 summits.”

This illustrates that with very little provocation (and in some cases none at all), our Government no longer seems interested in protecting our constitutional rights, but willing to reduce us to a “commodity” status where individual freedom has been reduced to a foot-note in the Fed’s 20 volume set of Red-Tape laws.

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