This legislative package is a state and local-level response to constitutional violations by the National Defense Authorization Act of 2012 (and other so-called federal “laws”) – primarily provisions that authorize indefinite detention. Activists, we encourage you to take action now. Work to get legislation passed in your city, town, county and state level today.

TRACK THE PROGRESS of the Liberty Preservation Act across the country here:
http://tenthamendmentcenter.com/nullification/ndaa/

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STATE: Model legislation for introduction on a state-level to reject indefinite detention.

LOCAL: Model Ordinance for introduction on a local level – city, county, town. You should start with whatever local government you feel you can have the most effect, then move on to the next. i.e. Start with city, then move on to County. From there, you’ll want to reach out to people in neighboring communities to encourage the same.

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Liberty Preservation Act

The people of the State of (STATE) do enact as follows:

SECTION 1. THIS ACT SHALL BE KNOWN AS THE (STATE) LIBERTY PRESERVATION ACT.

(A) The Legislature finds and declares all of the following:

(1) The Tenth Amendment to the United States Constitution authorizes the United States federal government to exercise only those powers delegated to it in the United States Constitution.
(2) The guarantee of the constitutional limitations on federal power is a matter of contract between the People of the several states, including the State of (STATE), and the federal government at the time the United States Constitution was ratified and subsequently amended by the Bill of Rights.
(3) Article VI of United States Constitution, by using the words “in pursuance thereof,” provides that the laws of the United States federal government are the supreme law of the land only if those laws are adopted in accordance with the powers delegated to the federal government in the United States Constitution.
(4) The President of the United States has asserted that the Authorization for the Use of Military Force (Public Law 107-40), enacted in 2001, authorizes the President to indefinitely detain, without charge, any person, including a citizen of the United States or a lawful resident alien, regardless of whether the person is apprehended inside or outside the borders of the United States.
(5) Language in Sections 1021 and 1022 of the National Defense Authorization Act (NDAA) for fiscal year 2012 purports to permit indefinite military detention without public trial, military tribunals and the transfer to foreign jurisdictions, of persons, including US citizens, captured on US soil.
(6) Indefinite detention without trial, military tribunals, and the transfer of to foreign jurisdictions are inimical to the liberty, security, and well-being of the people of the state of (STATE) by violating all of the following, and more:

(A) The (STATE) Constitution.
(B) The limits of federal power delegated to the federal government in the United States Constitution.
(C) The legal doctrine of posse comitatus under Section 1385 of Title 18 of the United States Code by authorizing the Armed Forces of the United States to police the United States.

(7) The State of (STATE) is committed to avoid repeating the tragedies and mistakes of history, including the incarceration and indefinite detention of Japanese Americans during World War II.

SECTION 2. PROHIBITION ON PARTICIPATION IN ACTIVITIES WHICH AID IN FEDERAL INDEFINITE DETENTION

(A) Subject to paragraph (B), notwithstanding any provision of law to the contrary, no agency or employee of the State of (STATE), including all political subdivisions of this state, acting in their official capacity, and no member of the (STATE) National Guard on official state duty shall knowingly aid an agency, agent, or employee of the government of the United States, or any corporation providing services to the government of the United States in any investigation, prosecution, detention or transfer to a foreign jurisdiction of a person within (STATE) pursuant to Sections 1021 and 1022 of the National Defense Authorization Act (NDAA) for fiscal year 2012, or the Authorization for the Use of Military Force (Public Law 107-40), enacted in 2001, or any other provision of federal law which purports to authorize the indefinite detention, military tribunal or transfer to a foreign jurisdiction of a person within the State of (STATE).

(B) Paragraph (A) does not apply to participation by State or local law enforcement or the (STATE) National Guard in a joint task force, partnership, or other similar cooperative agreement with Federal law enforcement if that joint task force, partnership, or similar cooperative agreement is not for the purpose of investigating, prosecuting, detaining or transferring to a foreign jurisdiction any person pursuant to sections 1021 and 1022 of the NDAA for fiscal year 2012, or the   Authorization for the Use of Military Force (Public Law 107-40), enacted in 2001, or any other provision of federal law which purports to authorize the indefinite detention, military tribunal or transfer to a foreign jurisdiction of a person within (STATE).

SECTION 3. EFFECTIVE DATE

(A) This act takes effect upon approval by the Governor.

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Local Liberty Preservation Ordinance

AN Ordinance, which shall be known and may be cited as the “Liberty Preservation Ordinance.” To prevent federal infringement on due process; prohibiting participation in all federal acts which purport to authorize indefinite detention.

THE BOARD OF COMMISSIONERS OF _______ COUNTY DO ENACT AS FOLLOWS:

SECTION 1: The _______ County Board of Commissioners finds that:

A. The President of the United States has asserted that the Authorization for the Use of Military Force (Public Law 107-40), enacted in 2001, authorizes the President to indefinitely detain, without charge, any person, including a citizen of the United States or a lawful resident alien, regardless of whether the person is apprehended inside or outside the borders of the United States.

B. Language in Sections 1021 and 1022 of the National Defense Authorization Act (NDAA) for fiscal year 2012 purports to permit indefinite military detention without public trial, military tribunals and the transfer to foreign jurisdictions, of persons, including US citizens, captured on US soil.

C. Indefinite detention without trial, military tribunals, and the transfer of to foreign jurisdictions are inimical to the liberty, security, and well-being of the people of this (CITY, COUNTY, TOWN)

SECTION 2: PROHIBITION ON PARTICIPATION IN ACTIVITIES WHICH AID FEDERAL DETENTION WITHOUT DUE PROCESS

A. The _______ County Board of Commissioners declares that all federal acts, laws, orders, rules, regulations – past, present or future – which purport to authorize the indefinite detention, military tribunal or transfer to a foreign jurisdiction of a person within this (COUNTY CITY TOWN) are not authorized by the Constitution of the United States and violate its true meaning and intent as given by the Founders and Ratifiers; and are hereby declared to be invalid in this (COUNTY CITY TOWN), shall not be recognized by this (COUNTY CITY TOWN), are specifically rejected by this (COUNTY CITY TOWN), and shall be considered null and void and of no effect in this (COUNTY CITY TOWN).

B. No agent, employee, or official of the (COUNTY CITY TOWN), or any corporation providing services to the (COUNTY CITY TOWN) shall provide material support or participate in any with the implementation of federal acts, orders, rules, laws or regulations which purport to authorize the indefinite detention, military tribunal or transfer to a foreign jurisdiction of a person within this (COUNTY CITY TOWN).

SECTION 3. REQUESTED INVOLVEMENT OF NEIGHBORING COMMUNITIES

The (COUNTY CITY TOWN) of (NAME) calls upon others local jurisdictions within the State of (STATE) to join us in this action by passing a similar ordinance.

SECTION 4: URGING ACTION BY THE STATE GOVERNMENT

The (COUNTY CITY TOWN) of (NAME) requests that copies of this ordinance be immediately transmitted to each individual legislator that represents our district in the State government urging each to introduce similar legislation on a state-level during the next legislative session.

SECTION 5 EFFECTIVE DATE

A. This ordinance takes effect upon approval by the _______ County Board of Commissioners.

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288 thoughts on “Liberty Preservation Act: Nullify “Indefinite Detention”

  1. Pingback: NULLIFY the NDAA |
  2. Anthony Costanza

    woot, yep, tell the stupid fed govt their useless legislation is valid in the following states: ______________________ (*crickets*)

  3. Vote Jody Scott

    Help me get elected and I will be one of those State Representatives that will work on getting our Country free again.

  4. Randy McKeen

    I wonder when the tipping point will come.

  5. Mark Kenyon

    I’m opposed to all the executive orders too. Can the states nullify them as well?

  6. Mark Kenyon

    I’m opposed to all the executive orders too. Can the states nullify them as well?

  7. Richard Ruhe

    The ides of march are upon us

  8. Jones Bob

    States can nullify all they want until the fed. gets tired of it and there is another civil war. The people voted for the garbage that will enslave them now lets see if there is enough God given back bone in this country to stop it.

  9. James Alan Lusk

    If there is a civil war, I don’t think it’ll look anything like the last one. Yes, there are a few states that run real liberal (like here in California), but the guns are in the hands of conservatives, for the most part. The armed forces would have to be on the side of the Constitution. That is the only caveat to the whole thing.

  10. Jones Bob

    Even while the talk goes on, the armed forces of the US are being subverted to attack and shoot on Americans. If the armies of the US capitulate to the present government and those who remain loyal to the Constitution are kicked out or jailed how long will the country stand? Might want to check out Iraq. Not very long. The present government has prepared well for those who fail to unify and prepare for what is coming. The civil war was fought because the southern states choose to withdraw from the union. The results are history.

  11. Jones Bob

    What most people do not understand is this battle is a spiritual as well as a physical battle. The people of the US for the most part have already forfeited their faith in God and the Word of God. They have made their sacrifices to Mammon for prosperity. Perversion and infant sacrifices over 50 million babies aborted have set the stage for one world government, one world ruler, one world monetary and religious systems. Satan’s day has arrived. America doe not hold the moral hi ground.

  12. George Snider

    When I joined my current church, they asked what were my hobbies. My answer: Current events and Bible prophesy, which are really the same thing.

  13. Grant Warren

    How can I find out what is going on in MY state concerning this issue?

  14. Grant Warren

    By the way the States Rights movement is VERY strong in Pulaski County Mo-anybody out there of like mind but living in a BAD area ought to consider packing up and moving there

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