OKLAHOMA CITY (Feb. 3, 2012) – A fourth state has entered the fight against detention provisions in the National Defense Authorization Act.

On Monday, Oklahoma Rep. Charles Key (R-Oklahoma City) will officially file a resolution that would petition Congress and Pres. Obama to repeal sec. 1021 and 1022 of the NDAA, and declare the detention provisions null and void in the Sooner State.

“President Barack Obama has said he would not hold citizens indefinitely; it is deplorable that he would sign into law legislation that contains clauses that would authorize him to do just that,” Key said. “Oklahomans have taken notice of this repugnant new law and as state lawmakers it is our duty to apply pressure to Congress and the president to undo this debacle.”

The 14 page resolution meticulously lays out the case against detention provisions in the NDAA, basing its argument on both the U.S. and Oklahoma State Constitutions. HCR1025 “directs the Congressional Delegation of Oklahoma to commence immediately efforts to repeal the harmful sections of the National Defense Authorization Act for Fiscal Year 2012, to-wit, Sections 1021 and 1022, and any other section or provision which will have the same or substantially the same effect on America, its citizens and lawful resident aliens.”

The resolution also declares the NDAA detention provisions unconstitutional, “null and void from their inception” and unenforceable in the state of Oklahoma. HCR1025  forbids enforcement of sec. 1021 or 1022 by any state agent, defining any attempt to do so as a violation of their oath of office, subject to “discipline up to and including termination.”

“It is so clear that this law is unconstitutional and it would be laughable if it were not so serious an issue that President Obama would talk about how his lawyers are ensuring that it would not be misused,” Key said. “Americans all over this country are shaking their heads in disbelief.”

Oklahoma’s legislature joins those in Virginia, Tennessee and Washington, considering legislation that would block NDAA at the state level. Local governments in two Colorado counties have also stepped in on behalf of their citizens.

“History proves that once our tightfisted federal government wraps its hands around power, it will not relinquish it on its own. The responsibility falls upon the states to interpose and wrest unconstitutional power from the federal government’s grasp,” Tenth Amendment Center communications director Mike Maharrey said. “We hope the legislatures in these four states, along with other lawmakers across America, will step up and do their duty. Citizens need to get on the phone and insist that they do so.”

To track Liberty Preservation Act legislation across the U.S., click HERE.

For model legislation you can propose to your state lawmakers, click HERE.

The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”



Featured Articles

On the Constitution, history, the founders, and analysis of current events.

featured articles


Tenther Blog and News

Nullification news, quick takes, history, interviews, podcasts and much more.

tenther blog


State of the Nullification Movement

232 pages. History, constitutionality, and application today.

get the report


Path to Liberty

Our flagship podcast. Michael Boldin on the constitution, history, and strategy for liberty today

path to liberty


Maharrey Minute

The title says it all. Mike Maharrey with a 1 minute take on issues under a 10th Amendment lens. maharrey minute

Tenther Essentials

2-4 minute videos on key Constitutional issues - history, and application today


Join TAC, Support Liberty!

Nothing helps us get the job done more than the financial support of our members, from just $2/month!



The 10th Amendment

History, meaning, and purpose - the "Foundation of the Constitution."

10th Amendment



Get an overview of the principles, background, and application in history - and today.