Texas NDAA Nullification Bill Includes Criminal Charges for Federal Agents

November 13, 2012

Print Version

Source: 10th Amendment Center, Michael Boldin

At the close of 2011, Barack Obama signed the National Defense Authorization Act for the year 2012. In it are what some constitutional experts consider to be some of the greatest constitutional violations in American history. At issue are sections 1021 and 1022 which, in essence, create a new power for the federal government to “indefinitely detain” – without due process – any person. Indefinitely. That’s little different than kidnapping.

In response, there’s been a bit of a firestorm from people across the political spectrum. Local communities in Colorado sent out the first warning shots, passing resolutions and ordinances rejecting such power earlier this year. Then, at the close of the 2012 state legislative session, Virginia Governor Bob McDonnell signed House Bill 1160, making that state the first to paw a law not only rejecting the federal act, but fully banning any state agency from cooperating with the feds on it.

Currently, more than 15 local communities have done the same. Michigan is also considering a bill that is similar to Virginia’s. And today, Texas State Representative Lyle Larson introduced House Bill 149 (HB149), the Texas Liberty Preservation Act. This might be the strongest anti-NDAA bill introduced yet.

It states, in part:

Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. No. 112-81) violate portions of federal law, the United States Constitution, and the Texas Constitution and, as such, are invalid and illegal in this state.

It also, like Virginia’s law, requires full noncompliance with the federal act:

It is the policy of this state to refuse to provide material support for or to participate in any way with the implementation within this state of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. No. 112-81). Any act to enforce or attempt to enforce those laws is in violation of this subchapter.

But, the Texas legislation takes it a step further, codifying into State law criminal penalties for violation of the act by even federal agents:

A person who is an official, agent, or employee of the United States or an employee of a corporation providing services to the United States commits an offense if the person enforces or attempts to enforce a statute, a rule or regulation, an order, or any law of the United States in violation of this subchapter.

An offense under Subsection
(a) is a Class A misdemeanor punishable by confinement for a term not to exceed one year, a fine of not more than $10,000, or both the confinement and the fine.

This coming legislative session, Texas won’t be alone in its efforts. Sources close to the Tenth Amendment Center tell us to expect at least 10 other states considering the same. And potentially dozens of counties and cities can be expected to move along these lines as well.

ACTION ITEMS

If you live in Texas, contact your state representative and senator, and encourage them to support HB149. You can find legislative contact information HERE.

Texans on Facebook (HERE) can also get involved in a grassroots organizing group. this is essential for legislative success.

Urge your county commission or town council to consider a local Liberty Preservation Resolution HERE.

If you live in outside of Texas, contact your state representative of senator and urge them to introduce state level liberty preservation legislation. You can find model legislation HERE.

Track nationwide efforts against NDAA detention HERE.