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. Cherry Prather

    true….

  2. Jason Lilburn

    Right

  3. Vincenza Gatti

    Agree!

  4. Fred Marsico

    agree

  5. Julie Esposito

    YES.

  6. Dave Goree

    Absolutely! With one idiotic exception…..if an armed gang…say MS13…showed up at your home to kidnap you…and you killed every single one of ‘em… You would get a medal… But if you change the clothes of that gang to include badges…. You end up on Death Row….. WTF!

  7. Sandra Wiatrowski

    as demonstrated by Brandon Raub

  8. Mulle Welz Noorlun

    Too late-already happening.

  9. Brandon Harper

    State sanctioned costumes is what makes something “legal” now. I agree Dave Goree.

  10. Michelle Dumas Barbay

    Agree. I’ll most likely get to meet a few these fb conservatives in the lockup soon…:)

  11. Joel Poindexter

    Agree. But Article 1, Section 9, Clause 2 also permits indefinite detention/kidnapping, so both have got to go.

  12. Daniel Kenoyer

    I’m not going.

  13. Jon Meador

    agreed

  14. Jon Meador

    agreed

  15. Cedric Billingsley

    Oops! I thought they were imposters posing as Federal agents! I’m sooo sorry! Unlawful acts committed under color of law are no less criminal than those committed by private individuals. Probably more so because these guys are supposed to know the law!

  16. Brendan Hopkins

    agree

  17. Sue Van Vranken

    agree

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