House Bill 149 (LS: 83R) – Texas Liberty Preservation Act.


HB149 is a Bill introduced in the Texas Legislative Process on Nov. 12, 2012, by its author (Rep. Lyle Larson) and currently sits at stage 1 (filed). The design of the Bill is to nullify portions of the National Defense Authorization Act (NDAA) implemented by the federal law. Specifically, sections 1021 and 1022 are being made invalid and illegal in the State of Texas. You can read the entire bill here:

Section (1) (b) (1) of the Bill lays out the constitutional groundwork of the findings that prompted the bill in the first place. It notes the limitations of the federal government under the 10th Amendment. It read:

(b) The legislature finds that:
(1) The Tenth Amendment to the United States Constitution authorizes the United States federal government to exercise only those powers specifically delegated to it under Article I, Section 8, United States Constitution;

Many people think that whatever the federal government creates as law it is the “supreme law of the land” but that is not true. Often the federal government creates laws that are thrown out because they go beyond the powers delegated to the government in the Constitution. Section (1) (b) (3) of the Bill makes this point eloquently clear. It reads:

(3) Article VI, United States Constitution, provides that the laws of the United States federal government are the supreme law of the land only if those laws are adopted in accordance with the powers delegated to the federal government in the United States Constitution;

NDAA is by far one of the more draconian laws ever passed by Congress and signed into law by a president. It goes against the very foundation of this country. You see, we are supposed to be a nation of laws. It is the single most important part of our culture that differentiates us from every other country in the entire world. In a country where we are supposed to have Liberty and Justice for all, NDAA is the wrecking ball that will bring it all crumbling down.

Unfathomably, our lawmakers seem to be living in fear rather than Liberty. They overwhelming passed this piece of legislation which allows for tyrannical powers to be applied to our citizens. In Section 1021 and 1022, NDAA calls for (among other things):

1. indefinite detention of persons apprehended within the United States without charge or trial (NOTE: any person, including U.S. citizens)
2. prosecution by military tribunals under the law of war for persons apprehended within the United States (NOTE: law of war, not civil law)
3. transfer of persons apprehended within the United States to foreign jurisdictions (NOTE: combined with number 1, this means government can send you anywhere it wants and forget about you forever)

The idea that the federal government could even think of such a disastrous and dangerous law to begin with should scare everyone in America, let alone actually passing the legislation into law. NDAA is antithetical to everything America stands for. Texas has correctly noted that NDAA is a threat to all its citizen’s liberty, security, and well-being.

Needless to say, this also holds true for every state in America. These two sections (1021 and 1022) alone, of the NDAA, violate state constitutions, the powers delegated to the government in Article 1. Section 8 of the U.S. Constitution, the legal doctrine of Posse Comitatus of Title 18 U.S.C. Section 1385 by authorizing the use of military force to police the U.S. and a multitude of constitutional amendments (1st, 4th, 5th, 6th and 8th to name a few).

House Bill 149  – Texas Liberty Preservation Act is scheduled to be read in the next regular Legislative Session (LS:  83R) and go to a House Committee. If you live in the state of Texas you are I ask you to contact your House and Senate representatives. Give them your opinion on the Bill and encourage them to fully support the Bill in all its details.


Contacting Texas Legislature

Texans on Facebook (HERE) can also get involved in a grassroots organizing group. this is essential for legislative success.

Urge your county commission or town council to consider a local Liberty Preservation Resolution HERE.


If you live in outside of Texas, contact your state representative of senator and urge them to introduce state level liberty preservation legislation. You can find model legislation HERE.

Urge your county commission or town council to consider a local Liberty Preservation Resolution HERE.

Track nationwide efforts against NDAA detention HERE.

jim kearney

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