In recent days, resistance to federal kidnapping powers in the 2012 NDAA (specifically sections 1021 and 1022 of the Act) has been catching on like wildfire. Virginia’s House of Delegates this week passed a bill to refuse compliance with the Act by a whopping vote of 96-4. Other states are considering similar laws and resolutions as well. And, sources close to the Tenth Amendment Center tell us to expect a minimum of ten other states doing the same in the short term.

But it’s not just states that are taking action against what some are calling the new “intolerable acts.” Local communities are standing up to say NO as well. Towns, cities and counties around the country are being presented with model legislation that they can use to consider a resolution or a binding ordinance and in quick time – a number has already voiced their approval of such action.

The most recent? The town of Macomb, NY and Northampton, MA overwhelmingly approved resolutions opposing the NDAA. The resolutions hold a similar tone with language such as the following:

“the indefinite military detention of any person without trial violates the 5th and 6th amendments of the Constitution of the United States, Article III of the Constitution of the United States, and the Posse Comitatus Act”

Macomb Councilman Steve Burke included an impassioned plea for support as a preamble to the 8-page resolution which passed there. He wrote – “In the words of Benjamin Franklin “those that seek to trade the blessings of liberty for security deserve neither;” Each council member has before them a resolution. I ask for your support on this resolution.”

Northampton took the idea of a resolution denouncing the act a step further by requiring local noncompliance. From the resolution, the city states that they will

“Instruct all our public 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.

Get three versions of this model legislation here:

Track NDAA nullification efforts across the country here:

Michael Boldin

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.