By a vote of 6-2 the Arizona State House Judiciary Committee approved House Bill 2573 (HB2573), bringing it one step away from a full House vote.

A modified version of the Liberty Preservation Act released by the Tenth Amendment Center, Arizona joins a growing choir of states and localities who’ve decided that waiting for federal politicians to repeal their own power is something they’re not willing to risk.

Tenth Amendment Center member Bryan Berkland said as much in his public testimony in support of the bill:

“It would be nice if the federal government would check their own power, but that’s not happening.” Berkland began his testimony by pointing out the most important issue at hand, the federal government has no legitimate authority to indefinitely detain, that is, arrest without end and without access to courts or lawyers. He said, “When I read the Constitution, I don’t find any authorization for this.”

The bill was sponsored by State Representatives Carl Seel and Brenda Barton along with State Senator Judy Burgess. If signed into law, HB2573 would ban the state from providing “material support” or participating “in any way” with sections 1021 and 1022 of the 2012 National Defense Authorization Act (NDAA), the sections which purport to authorize indefinite detention and are in effect today. (read more HERE and HERE).

At the beginning of testimony, the Committee chair noted that since so many people from the public were in attendance and had sign up to speak in favor of the bill – and no one has signed up to speak against it – they would allow a limited number of people to make the case. After Representative Seel and Berkland spoke, Mr Clark, a known local progressive activist, also urged the committee to vote in favor. In his testimony he spoke of something that’s happening across the country in opposition to indefinite detention – setting aside differences for common cause. “I stand strangely-enough with the republicans in support of this bill.”

Only one person spoke against the bill during the entire hearing – one of the two committee members who voted against it. (awaiting confirmation of the name of the member)

“A bill in contravention to the federal government is troubling to me. If someone is opposed to federal policy, the place to take it up is in the courts, not here in the state house.”

The problem with this statement is that the member is possibly not understanding the bill he just voted against. HB2573 doesn’t do anything to federal law. It says that the State of Arizona will not assist the federal government in carrying out their unconstitutional law. There’s absolutely ZERO serious thought that supports the idea that the federal government has the constitutional authority to require state agents to enforce federal laws. Even the Supreme Court has affirmed this more than once in recent history. Statements to the contrary are absurd.

Noncompliance with federal law – 100% noncontroversial both legally and constitutionally – is quite effective. Learn how this method plays out and works HERE.

Also, supporters of the bill might want to consider asking the representative if he would have been opposed to those states who passed laws in the 1850s in contravention to federal slave-catching laws, or if his rejection of such actions is simply limited to indefinite detention.


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.

1. If you live in Arizona, contact members of the House Rules Committee today to urge them to pass HB2573. Strongly, but respectfully let them know that you want nothing less than a debate and vote in the full house.

Contact information here:

2. Encourage your local community to take action as well. Present the Liberty Preservation Act to your city county, your town council, or your county commissioners. Various local governments around the country are already passing similar resolutions and ordinances. Local legislative action present a great way to strengthen a statewide campaign against NDAA indefinite detention

Model legislation here:


If you live anywhere outside of Arizona, please contact your own legislators regarding anti-NDAA legislation. If none has been introduced in your state, you can email them The Liberty Preservation Act model legislation.

Track the status of NDAA nullification in states around the country HERE

Michael Boldin

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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