United Liberty
States moving to nullify NDAA?
Fri, 02/03/2012 - 4:06pm | posted by Tom Knighton
Regardless of where you stand politically, you probably have some very strong feelings on the NDAA and it’s provision that will allow the government to indefinitely detain someone because they’re a “terrorist”. The NDAA managed to make it through both chambers of Congress (remember that one is controlled by Democrats, the other by Republicans) and was signed into law on December 31, 2011, effectively killing due process.
However, some politicians aren’t exactly done fighting this one. In Virginia, we have House Bill No. 1160. That bill reads:
§ 1. Notwithstanding any contrary provision of law, no agency of the Commonwealth as defined in § 8.01-385 of the Code of Virginia, political subdivision of the Commonwealth as defined in § 8.01-385 of the Code of Virginia, employee of either acting in his official capacity, or any member of the Virginia National Guard or Virginia Defense Force, when such a member is serving in the Virginia National Guard or the Virginia Defense Force on official state duty, may engage in any activity that aids an agency of or the armed forces of the United States in the execution of 50 U.S.C. 1541 as provided by the National Defense Authorization Act for Fiscal Year 2012 (P.L. 112-18, § 1021) in the investigation, prosecution, or detainment of any citizen of the United States in violation of Article I, Section 8 or 11 of the Constitution of Virginia.
Basically, the law says no non-federal law enforcement office or military member can arrest someone under the provisions of the NDAA. Of course, that doesn’t stop federal troops or federal agents from making such arrests, but as there are finite numbers of federal agents and we don’t routinely see federal troops deployed at this point in time, it definitely blunts the impact of the NDAA in Virginia…should it pass.
However, Virginia isn’t alone in this one. The state of Washington has House Bill 2759 up for consideration. It has language very similar to Virginia’s proposed law, but ups the ante into outright nullification of that provision of the NDAA:
No member of the armed forces of the United States of America, nor any person acting directly with, or on behalf of, the armed forces of the United States of America, shall be permitted to conduct within the boundaries of the state of Washington, an investigation or detainment of a United States citizen or lawful resident alien located within the state of Washington except for (1) an investigation or detainment by the United States coast guard when it is not operating as a service in the navy, (2) an investigation or detainment by national guard units or state defense forces while under the authority of the governor of the state of Washington, or (3) an internal investigation or detainment by the armed forces of the United States of America of active duty members of the armed forces of the United States of America.
It should be interesting to first see if either/both of these pass and whether other states follow suit, and second to see what, if any, federal response will be. Nullification isn’t known to have the strongest track record, but this could be the concepts time to shine.
Now to pop some popcorn and see what happens. Personally, I hope all 50 states go a route similar to Washington’s. I’m not holding my breath, but a guy can dream, can’t he?
Thanks for the article Tom and for turning me on to United Liberty. We can only hope our local State Reps. will take heed and attempt to pass similar legislation in Georgia. Our US Senators and US House Reps. have shown their lack of moral center by supporting the NDAA. If I hear that Chicken Hawk Lindsey Graham (a co-sponsor along with John McCain) many more times asking for more of the fruits of our labors to make war, I think I will puke.
In Georgia? Contact Jason Spencer, he’s a good one there! ask him to introduce something?
Ed Setzler is a also a good one to contact.
Ask your congressmen and everyone you know to support HB-3785.
It will repeal the ugly NDAA Section 1021 that this is all about.
Some people were printing up flyers and standing on street corners over this today. That’s encouraging. Our country still has hope - depending on you.
You are right. I have reviewed the other bills such as Landry’s and Feinstien’s and they are real dogs. Only the Paul bill takes care of the NDAA problem.
Richard D. Fry
General Counsel
Patriot Coalition
www.theintolerableacts.org
P.C.O.K. No NDAA
We citizens are making ourselves into slaves by our own ignorance.
The Virginia bill (HR 1160) and the Washington bill (HR2759) are being lauded as being “nullification” bills which protect the liberties of the citizens of those states. Nothing could be further from the truth and in fact they make the NDAA situation even worse.
The only way to “nullify” a government action directed at citizens is for the state to interpose its authority and protections between the federal government and its citizens. That is to say, for the state to act as a direct shield and a buffer against the actions of the federal government. Generally the only way to do this is for the state to criminalize the action by the federal government such that if the federal government tries to enforce the law within the subject nullifying state or a state officer attempts to assist the federal government they are subject to criminal penalties.
Neither the Virginia nor the Washington bills criminalize anything. Without punishment or penalty there really is no law. These bills are simply advisory resolutions. It is like having a “law’ that posts a speed limit at 55 mph. If there is no penalty for going faster the “law “specifies it is a speed advisory not a speed law.
Why do these kinds of bills make the situation worse?
Bills of this type create a false sense of security among the citizens. Their public servants, instead of giving the citizens false hope, should be educating the citizens on the scope and nature of the attack on their liberties. The public servants should be motivating the citizens to take serious action against those who voted for the unconstitutional “laws” and requiring their state to actually protect them.
It’s like the old adage: “Guns don’t kill people. People kill people” In this case “Laws don’t take away our constitutional rights. Politicians take away our constitutional rights.” Our target and efforts should be directed at those who try to take away our rights and those who refuse to protect us and our liberties.
Richard D. Fry
General Counsel
Patriot Coalition
P.C.O.K. No NDAA
www.theintolerableacts.org
It goes much deeper than the upfront puppet politicians. It goes to the ones who are the real controllers of the entire world..the elite and bankster gansters.
Politicians are mere employees, selected in advance and told to put on a show to win the public confidence so the public believes they are taking part by cheering on these fakes and putting a check mark next to their name on a voting card or punching a button next to the name on a screen.
And like the old adage of guns not killing people, people kill people, IN THIS CASE..it is “Politicians are employees, but the BOSS is in control”
So who is the boss?
The ones in the dark corners you never see but hear a lot about and pay very little attention to.
So if you want to target the right target and actually hit on target, then point the sights where the sights should be pointed at..the BOSS and not the employee/s.
RFB
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