I’ve got a message for Jan Brewer – and it’s pretty simple.  So here goes.

Pointing fingers and talking tough about some issues is one thing.  ACTING tough – that’s another thing altogether.

This week, as you travelled to Washington DC, you made this statement – “I have a duty and obligation to defend the people of Arizona – especially when the federal government fails to do their job.”

You certainly do have a duty and an obligation.  But the time for tough talk, Governor Brewer, is over.  The time to act is upon you.


When you return from Washington DC this week, you’ll find that you have an extremely important bill on your desk – awaiting your signature.  Senate Bill 1182 was passed by wide margins in your state’s legislature, 34-22 in the House and 20-8 in the Senate.

What does this bill do?  Well it’s pretty important stuff.  It says this:

This state and any agency of this state shall not provide material support or participate in any way with the implementation of sections 1021 and 1022 of the national defense authorization act of 2012, Public Law 112-81, against any citizen of the United States.

Once you sign this bill into law, it will also make it a criminal offense for any public officer, employee or agent of the state of Arizona to make any attempt to assist in such federal kidnapping.

If you think it’s hyperbole to use the word “kidnapping” to describe the so-called “indefinite detention” provisions of the NDAA, think again.  When you remove due process from the equation, “indefinite detention” is really nothing more than government-sanctioned kidnapping.

The Constitution is pretty straightforward when it comes to due process – and these newly-claimed federal powers are nothing short of an abomination on the limits that the Founding Fathers gave us.

Like you said, you do “have a duty and obligation to defend the people of Arizona” – and that bill sitting on your desk right now is an opportunity for you to do so.


But, I’m a little concerned that you don’t really mean what you say when you talk about defending the People of Arizona.  For example, in 2010 the People of your state voted to approve a new medical marijuana program.  The founders were clear that such decisions would be under the purview of the people of each state, not the federal government.  But the feds on this issue, like on virtually everything else, have been interfering with the people’s choices for far too long.

With that vote, the people of your state took a major step towards turning things around and putting the decision-making where it rightfully belongs.

So what did you do?  Well, you sued your own state in federal court to stop the people of Arizona from implementing the law they rightfully passed.  And now you complain about the feds suing you?  We can talk about that inconsistency another time.  For now, let’s focus on moving forward and doing what’s right.

For any true constitutionalist, there is an important principle at stake here, one that you appear to be willing to sacrifice because you disagreed with the policy chosen by Arizona’s voters.  The federal government is only authorized to do what has been delegated to it in the Constitution…and nothing more.  Period.


It doesn’t matter if you like or dislike the policies – your duty and obligation – the oath you swore – means you need to help the people of your state do what they’ve set out to do.  Reject unconstitutional federal acts.

Whether those federal usurpations of power cover weed or “indefinite detention,” the end result is the same.  Your duty to the people of your state – and to the Constitution – is to do everything in your power to stop anyone and everyone from violating their rights.  That is, unless you prefer the Nancy Pelosi version of the Constitution and believe that all federal law is “supreme.”

So which is it, Governor Brewer?  Nancy Pelosi’s constitution or James Madison’s?

The time for tough talk, ma’am, is over.  The time for duty is now.  It’s not next year, and not after the next election.  It’s not next month and not next week.  The time for you to step up and act is today, not tomorrow, right now.

A simple stroke of the pen, and you’ve done your duty.

Sign the bill Governor Brewer, and prove to Arizona and to the world that you’re more than just a bunch of tough talk or a wagging finger.  Prove to all of us that you’re a constitutional hero.

Your moment is now.


If you live in Arizona, contact Gov. Brewer now.

Politely, but firmly, ask her to sign SB1182. Remind her that she has a duty to protect and defend the Constitution and an obligation to the people of Arizona. Tell her that the language in sections 1021 and 1022 of the NDAA is too vague and undefined to leave to chance. The federal government simply cannot be allowed to possess even a hint of such power.

You can find contact information for the governor’s office HERE.


If you do not live in Arizona, you should still contact Brewer and tell her the rest of the country is watching. Arizona has the opportunity to step up as a leader in protecting the most basic freedom and liberties that we cherish as Americans.

If your state, county or city has not taken steps to stop kidnapping under the NDAA, you can find model Liberty Preservation Act legislation that you can propose to your local politicians HERE.

To track NDAA nullification legislation across the U.S., click HERE.

Michael Boldin

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