PHOENIX (March 23, 2012)  – The progress of an Arizona bill blocking compliance with federal agents attempting to enforce detention provisions written into the National Defense Authorization Act has slowed in the House after quickly passing the Senate and moving out of one important House committee. If you live in Arizona, you can help it move forward. See Action items below.

SB1182 would “prohibit any agency of the state from providing material support for or from participating in any way with the implementation of sections 1021 and 1022 of the National Defense Authorization Act of 2012, Public Law 112‑81, against any citizen of the United States.”

Last week, the bill passed out of the House Military Affairs and Public Safety Committee by a 6-3 vote keeping it on track for final House approval. But the bill still needs passage out of the House Rules Committee before moving on to a House Caucus for a second reading. If it passes that, it will proceed to the Committee of the Whole for debate and then on to a final vote.

As of March 22, SB1182 was not slated for consideration by the Rules Committee or on the Caucus calendar. Sources close to the Tenth Amendment Center indicate that that House Speaker told bill sponsor Sen. Sylvia Allen that he will move the bill forward. But the House Speaker and Senate President tend to hold legislators’ favorite bills in order to have something to blackmail them with when the legislator considers the budget. “Vote for this budget or I’ll kill your bills!”  The Arizona budget reportedly remains stalled at the moment, increasing the likelihood leadership will hold bills that they know the members especially want.

Progress on a resolution condemning NDAA detention has also slowed.

SCR1011 passed 8-0 out in the House Military Affairs and Public Safety Committee, with one member absent. SCR1011 declares:

That the Members of the Legislature condemn sections 1021 and 1022 of the 2012 NDAA as they purport to repeal posse comitatus and authorize the President of the United States to use the armed forces of the United States to police American citizens, to indefinitely detain persons captured within the United States without charge until the end of hostilities as purportedly authorized by the 2001 Authorization for Use of Military Force, to subject persons captured within the United States to military tribunals, and to transfer persons captured within the United States to a foreign country or foreign entity.

Both the resolution and the bill previously passed the Senate by a wide margin. They’ve been introduced as a two-step strategy. The goal is to pass a binding bill, but if Gov Brewer for some reason decides to veto, the resolution will still serve as the statement of the legislature with a future effort to override a veto.


If you live in Arizona, the time to act is now. Contact your representative and politely insist that they pass both pieces legislation. And also contact Gov. Brewer and Speaker of the House  Andy Tobin and let them know you expect the State of Arizona to do what James Madison insisted was its duty and interpose on behalf of its citizens to stop the progress of evil.

Click HERE for Arizona legislature contact information.

Click HERE for the Gov. Brewer’s contact information.

To track NDAA nullification legislation across the U.S., click HERE.

If you don’t live in Arizona and your state has not taken steps to stop kidnapping under the NDAA, you can find model Liberty Preservation Act legislation that you can propose to your state representative or senator HERE.

Mike Maharrey

The 10th Amendment

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