Momentum continues build against detention provisions in the National Defense Authorization Act.

Last week, lawmakers in a ninth state introduced legislation to block implementation of the act within state borders. West Virginia House Delegate Carol Miller (R-Cabell), along with five cosponsors, introduced HB4627. The bill would “amend and reenact §15-1-6 of the Code of West Virginia, 1931, as amended, relating to restricting certain aid to the Armed Forces of the United States by West Virginia agencies and employees that would place them in violation of the United States Constitution, the Constitution of West Virginia, any provision of the Code of West Virginia, any act of the Legislature or any rule in the West Virginia Code of State Rules.”

West Virginia’s liberty preservation act contains verbiage almost identical to Virginia HB1160, which passed that state’s Senate 39-1 on Tuesday. It would prohibit any agency, political subdivision or employee of the state, including the West Virginia National Guard, from cooperating or aiding the federal government in unconstitutional indefinite detention of U.S. citizens.

Earlier this week, Pres. Obama released a Presidential Policy Directive, which set forth procedures for implementing section 1022 of the NDAA. The directive makes clear Obama does not interpret the section to apply to “non-U.S. citizens.” Some supporters of NDAA detention argue this proves the language in the act poses no real threat. Tenth Amendment Center communications director Mike Maharrey disagrees.

“That is only a presidential interpretation for the time being. Nothing stops Obama, or the next person calling 1600 Pennsylvania Avenue home, from changing these procedures. Ask yourself this question – when was the last time you ever saw federal power shrink? It always expands! You only have to look at the original Authorization for the Use of Military Force passed after 9-11 to see that. Heck, sections 1021 and 1022 of the NDAA are nothing more than a huge expansion of AUMF power,” he said. “States need keep the pressure on and commit not to enforce this monstrosity. It’s nothing but a loaded gun sitting on the table. The next big scare will be the excuse to pick it up and use it, mark my words. Doubt me? Go talk some of the surviving Japanese-Americans who watched World War Two from behind barbed wire and then tell me it can’t happen.”

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

If you live in West Virginia, contact your representative both by phone and email and strongly, but politely encourage them to get HB4627 passed. You can locate your legislator’s contact information at the West Virginia Legislature website HERE.

If your state is not considering legislation to stop NDAA, encourage them to do so. You can find model legislation HERE.

For more information on bipartisan efforts to nullify NDAA across the country, click HERE.

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