The nationwide fight to nullify the indefinite detention provisions (Sections 1021 and 1022) of the National Defense Authorization Act for Fiscal Year 2012 carries on as localities, counties, and states introduce and pass resolutions against the detention powers the federal government has delegated itself.

Maine has now joined the ranks of states willing to challenge the federal government’s over-zealousness.

LD1054, introduced by Representative Libby, prohibits the enforcement of the NDAA for FY 2012 in the State of Maine.

The bill both prohibits and requires the following:

  1. Prohibits within the State the activities authorized by the Act that the Legislature finds unconstitutional;
  2. Prohibits the State from providing material support to or participating in the implementation of provisions of the Act that the Legislature finds unconstitutional;
  3. Requires the Department of Public Safety to report to the Governor and Legislature any attempt by an agency or agent of the Federal Government to implement the Act through the operation of any state department or agency;
  4. Makes a federal official or employee of a corporation doing business with the Federal Government who enforces or attempts

“Finally politicians acting on their duty to interpose when the federal government acts outside its Constitutional realm. Until this bill becomes law, all Mainers and persons in Maine should take action to preserve liberty for themselves and their community,” said Nick Hankoff, a member of the Tenth Amendment Center’s outreach team.

Action items

1. Contact your state legislator.The bill has been referred to the Committee on Criminal Justice and Public Safety. It has eight cosponsors, but needs more to get a hearing. If you live in Maine, respectfully contact your representative and urge them to cosponsor and vote YES on the bill.  Click here to see a full list of contact information for the Maine House of Representatives.

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:

3.  Share this information widely.  Please pass this along to your friends and family.  Also share it with any and all grassroots groups you’re in contact with around the state.  Please encourage them to email this information to their members and supporters.


NDAA: Open Season for the Police State

Scary Potential in Sections 1021 and 1022

Note: while some believe that the 2013 NDAA eliminated indefinite detention, it does not.  Dianne Feinstein introduced a very weak amendment to 2013 – and it failed anyway.  2012 indefinite detention provisions remain in tact – and the Obama administration is aggressively defending them in court.

Also, a case about indefinite detention is still being heard in federal court. Last year, Federal Judge Katherine Forrest struck down these indefinite detention powers as unconstitutional. She issued a temporary court order blocking the use of these powers.  That order was revoked by the appeals court and indefinite detention powers remain while the case is currently on appeal but not decided.

Additionally, when asked by Judge Forrest if the federal government was using indefinite detention in violation of her temporary order blocking it, Barack Obama’s attorneys refused to confirm, leaving the door open that the Feds were potentially using this power in secret, even in outright defiance of an order from the federal courts.

Alec Scheer

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.”



Featured Articles

On the Constitution, history, the founders, and analysis of current events.

featured articles


Tenther Blog and News

Nullification news, quick takes, history, interviews, podcasts and much more.

tenther blog


State of the Nullification Movement

232 pages. History, constitutionality, and application today.

get the report


Path to Liberty

Our flagship podcast. Michael Boldin on the constitution, history, and strategy for liberty today

path to liberty


Maharrey Minute

The title says it all. Mike Maharrey with a 1 minute take on issues under a 10th Amendment lens. maharrey minute

Tenther Essentials

2-4 minute videos on key Constitutional issues - history, and application today


Join TAC, Support Liberty!

Nothing helps us get the job done more than the financial support of our members, from just $2/month!



The 10th Amendment

History, meaning, and purpose - the "Foundation of the Constitution."

10th Amendment



Get an overview of the principles, background, and application in history - and today.