Will South Carolina defend the Fifth Amendment and Due Process..through the Tenth Amendment?

Yes, if State Senator Tom Davis has his way. An update on his public Facebook page yesterday announced that he’s working on just that:

Spent today drafting the NDAA Nullification Act that I will prefile in the SC Senate next month.

Indefinite Detention of people by federal authorities has been ‘authorized’ by the 2012 National Defense Authorization Act (NDAA), signed by Barack Obama at the end of 2011. Indefinite detention is a clear violation of habeas corpus, as protected in Article 1, and due process, as protected in the Fifth and Fourteenth Amendments to the Constitution. Under the Tenth Amendment, each state has the right, the responsibility, and the duty to protect its resident from federal overreach.

NDAA Nullification legislation has already passed into law in the State of Virginia, where Bob Marshall’s HB1160 garnered massive bipartisan support from the grassroots. More than 16 local communities have passed similar resolutions and ordinances as well. In Texas, NDAA Nullification under HB149 was introduced this month. And sources close to the Tenth Amendment Center tell us to expect at least 10 states considering the same in 2013.

Some NDAA Nullification laws, like Virginia’s and HB5768 currently being considered in Michigan, make it illegal for a state officer, or employee, to comply with the federal act. Other’s like the one proposed in Texas this year would also make it illegal for the a person acting on behalf of the federal government to enforce the NDAA within the borders of the state.

Stay tuned to the Tenth Amendment Center as we’ll be providing updates on this legislation in South Carolina and other states around the country.


In South Carolina:

1. Contact your state senator, and members of the Judiciary Committee. Let them know you want your state to stop NDAA.

2. You can also volunteer to help get the word out about nullification. Contact the Tenth Amendment Center here

3. If you’re on facebook, get involved in the South Carolina Nullify NDAA grassroots organizing group HERE.

In the Rest of the country

1. Contact your state and local politicians – strongly, but with courtesy, ask them to introduce the Liberty Preservation Act

2. You can also volunteer to help get the word out about nullification. Contact the Tenth Amendment Center here

Scott Martin

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.”



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