JEFFERSON CITY, Mo. (Feb. 23, 2012) – On Wednesday, Missouri became the seventh state considering legislation the would nullify detention provisions without due process in the National Defense Authorization Act.

Sen. Brian Nieves (R-Washington) introduced the Missouri Liberty Preservation Act. SB819 prevents Missouri from, “participating or providing material support for the implementation of sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012.”

The Missouri bill contains some of the strongest language against NDAA detention yet.

“The enactment into law by the United States Congress of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 is inimical to the liberty, security, and well-being of the people of Missouri, and was adopted by the United States Congress in violation of the limits of federal power in the Constitution of the United States, including but not limited to, those listed in subsection 2 of this section.”

The law would not only prohibit the State of Missouri from providing any support for NDAA kidnapping provisions, but would also make it a class B misdemeanor for any agent of the state to assist the federal government in enforcing sections 1021 or 1022, and a class A misdemeanor for any federal agent attempting to enforce the provisions in the Show Me State.

“Some people accuse me of engaging in hyperbole when I call these NDAA provisions kidnapping. But is it really? What else do you call it when somebody can drag you off and hold you against your will with absolutely no due process?” Tenth Amendment Center communications director Mike Maharrey asked. “The fact that federal agents acting under the auspices of some Congressional act can lock you up doesn’t make these sections in the NDAA any less criminal.”

Lawmakers in Arizona, Tennessee, Virginia and Washington will also consider similar NDAA nullification bills during the 2012 session. And sources close to the Tenth Amendment Center say other states will likely follow suit in the next few weeks. Additionally, legislatures in Oklahoma and Maryland have the opportunity to pass resolutions condemning the NDAA detention provisions.

Local lawmakers have also joined the fray, with seven county or city governments passing resolutions denouncing NDAA detention without due process.

Maharrey said it falls upon the shoulders of state and local governments to step in on behalf of their citizens, and he called on other states to join the fight.

“James Madison said states are duty bound to interpose for arresting the progress of evil. I would call state sanctioned kidnapping evil, so I think NDAA qualifies,” he said. “State and local governments are going to have to do it. When was the last time you saw Washington D.C. voluntarily give up power? Not gonna happen.”

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


 It’s not just up to state lawmakers. Citizens need to get involved in the fight. If you live in a state with pending NDAA legislation, contact your senator and representative, and insist they support the Constitution. You can locate contact information for your representatives on your state legislature website.


If your state legislature does not have a Liberty Preservation Act introduced yet, get your representative to take up the torch. You can find model legislation HERE.

Finally, educate people you know. Let then know about the NDAA and just what it could mean. Write letters to the editor. Write blog posts. Post information on Facebook. Whatever it take to get people’s attention.

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