In 2013, states around the country have considered bills to nullify NDAA “indefinite detention.” Last year, Virginia led the way when Gov. Bob McDonnell signed that state’s Liberty Preservation Act into law.
In many states, there has been significant resistance to the idea of rejecting or blocking indefinite detention. But you can help create an end run around them – taking actions that will help stop indefinite detention without them, and simultaneously put great pressure on state politicians to do the right thing even if they don’t want to.
The most important thing you can do – right now – is act locally. On a local level, you have a far greater chance of finding an elected politician to listen to you, who might agree with you, and who could move legislation forward.
No, that doesn’t mean it’s just “easy” – because standing up for liberty is never easy. But, more importantly, you’ll have a far greater chance of success. Already, more than 2 dozen local communities around the country have taken steps to reject or resist NDAA indefinite detention, and your help is needed to get this done in your area too.
When enough communities say no to unconstitutional federal acts, it will not only render them “nearly impossible to enforce”as Judge Napolitano has said, and it will also provide pressure needed to ensure that the state legislature does the right thing the next time around.
HERE’S WHAT YOU CAN DO RIGHT NOW:
1. Contact your local legislators – County, City, Town - and urge them to introduce model legislation in support of the Liberty Preservation Act.
local ordinance here:
2. Become a local leader. If you’re dedicated to stopping federally sanctioned kidnapping, we’ll provide you with the tools you need to not only act on your own, but to organize and lead others to help support these efforts.
contact us here and let us know – http://tenthamendmentcenter.com/volunteer
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.
Some opponents of the legislation claim that the US Constitution’s “supremacy clause” prevents your local community from taking this action. But this is a complete misunderstanding, not only of the supremacy clause, but of the local legislation as well. There is absolutely ZERO serious dispute about the fact that the federal government cannot “commandeer” the states (or their political subdivisions, local governments) to carry out its laws. None. Even the Supreme Court has affirmed this multiple times.
In the 1992 case, New York v. United States, the Supreme Court ruled that Congress couldn’t require states to enact specified waste disposal regulations.
In the 1997 case, Printz v. United States, the Supreme Court ruled that the federal government could not command state law enforcement authorities to conduct background checks on prospective handgun purchasers.
In the 2012 case, National Federation of Independent Business v. Sebelius, the Supreme Court ruled that a significant expansion of Medicaid was not a valid exercise of Congress’s spending power, as it would coerce states to either accept the expansion or risk losing existing Medicaid funding.
In each of these cases, the Supreme Court made is quite clear that their opinion is that the federal government cannot require the states to act, or even coerce them to act through a threat to lose funding. Their opinion is correct. If the feds pass a law, they can sure try to enforce it if they want. But the states, and your local communites, absolutely do not have to help them in any way.
While some believe that the 2013 NDAA eliminated indefinite detention, it did not. Dianne Feinstein introduced a very weak amendment to 2013 – and it failed anyway. 2012 indefinite detention provisions remain intact – and the Obama administration is aggressively defending them in court today.
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.
Because of all this, and more, your local community stands on strong ground to reject a federal power which has already been struck down in federal court and is still pending appeal. Local governments nationwide should pass the Liberty Preservation Ordinance with full confidence.