After passing out of committee by a unanimous vote last week, the full Michigan State Senate approved Senate Bill 94 (SB94) and moved the bill on to the State House. The vote was 37-0.

A modified version of the Liberty Preservation Act released by the Tenth Amendment Center, Michigan 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.

The bill was sponsored by State Senator Rick Jones who worked hard behind the scenes to get bipartisan support.  Grassroots activists on the ground in Michigan reported that a number of Senators changed their vote from “Not Voting” to “Yes” at the last second.

After today’s vote on SB94, Dennis Marburger with the Michigan Chapter of the Tenth Amendment Center coordinator expressed his view that this is a big step forward for liberty:

The very active and knowledgeable group of Michiganians fighting this egregious Federal overreach will not rest until there is real, tangible and viable state resistance to DC’s attempts to deny our rights and threaten our safety – whatever unconstitutional legislation, edict or judicial fiat our government employees use as an excuse.

Thomas Jefferson said Nullification is the Rightful Remedy to unlawful behavior by our agents in the general government and James Madison said it is the duty of the state to Interpose on our behalf against the Feds in those cases. We will continue to insist that our state employees do their duty and their part to uphold their oaths of office and enforce the Constitution.

As in the 1850s, when Michigan was a leader in the Nullification of the Fugitive Slave Act, we demand no less for all Michiganians today in battling the unconstitutional and immoral indefinite detention provisions of the 2012 NDAA.

If signed into law, SB94 would make it illegal for Michigan to participate in NDAA indefinite detention: “no member of the Michigan national guard on active state service shall aid an agency of the armed forces of the United States in any investigation, prosecution, or detention of any person pursuant to section 1021 of the national defense authorization act for fiscal year 2012”

Noncompliance with federal law is 100% noncontroversial both legally and constitutionally. 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.

Such noncompliance on a wide scale is very effective in rendering an unconstitutional federal act null, void or just unenforceable. Learn how this method plays out and works HERE.

ACTION STEPS for Michigan

There is a companion bill for SB94 in the State House, HB4138, introduced by State Representative Tom McMillan.  A similar bill passed the Michigan House last fall, 107-0.  Indications are that strong grassroots support for SB94 and HB4138 will move the bill through the House as well.  But support is certainly needed for victory.

1. Contact your state representative. Strongly, but respectfully, urge him or her to vote YES on SB94 and HB4138. Let them know that you see “indefinite detention” as a direct attack on your liberty and on the Constitution.  Ask them to “Vote on Principle, not Party.”

Find your state representative 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:

4. Join the Nullify NDAA group on Facebook. Interact and work with like-minded people. Report back with any feedback you get from your state representative and more.


If you live anywhere outside of Michigan, 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

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