In recent weeks, Colorado counties of Weld, Fremont and El Paso passed resolutions opposing sections 1021 and/or 1022 of the National Defense Authorization Act – what some refer to as the “kidnapping provisions” of the act. And now, the town of Fairfax, California joined them in this stand by passing resolution #12-11.

It states, in part, that “we Strongly affirm our loyalty to the rights and liberties enshrined within the Constitution of the United States, including the Fifth Amendment right to due process and the Sixth Amendment right to trial.”

The town of Fairfax has an extensive history of protecting its residents’ civil rights and liberties. This stand is best embodied in its resolution rejecting the USA PATRIOT Act a few years ago, which led hundreds of other municipalities across the nation to emulate their example. The Fairfax resolution against the NDAA takes denouncing one step further by requiring non-compliance within the Town as well. It states that they will:

“Instruct all our Town of Fairfax agencies to decline requests by federal agencies acting under detention powers granted by the NDAA that could infringe upon residents’ freedom of speech, religion, assembly, privacy, or rights to counsel.”

When 25 states refused compliance with the REAL ID Act of 2005, the law remained on the books in Congress, was never challenged in Court, but was rendered virtually null, void and unenforceable in most of the country. Straightforward noncomnpliance worked. Harder to tame than a pliable statehouse might be a cluster of counties, each one individually resisting and eventually nullifying through local law.

The Tenth Amendment Center recently announced new model legislation to address the NDAA, The Liberty Preservation Act. It would nullify the NDAA and is ready to be introduced in any state or locality. The LPA has all the language needed to turn away the NDAA in your area.

As of this writing, five states are already considering versions of this legislation in response to the new “kidnapping powers” of the NDAA – ranging from resolutions denouncing the act, to legislation requiring non-compliance and Tennessee’s bill which would sanction federal agents with felony charges for attempting to enforce such powers within that state.

Get three versions of this model legislation here:

Track NDAA nullification efforts across the country here:

Michael Boldin