Thursday, March 29, 2012

TLP Quik Hits: NDAA Nullification Passes Arizona House Committee

Tenth Amendment Center

After being left for dead, Arizona Senate Bill 1182 (SB1182), what many are referring to as the NDAA Nullification Act, is breathing life once again after the House Rules committee passed it by a vote of 6-3 this week.

SB1182 recently passed the Senate by a 21-9 vote.  This week, the rules committee voted it down, 5-4.  But, after a strong grassroots campaign pressed 2 “swing votes” on the committee to reconsider, a motion was made today to do just that.  It wasn’t on the calendar but was voted on promptly.  Sources close to the Tenth Amendment Center tell us to expect it to go to a full house vote sometime next week.  (Arizona residents – please see action steps below!)

The bill states in part that:  ”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″

While the bill doesn’t directly block federal agents from carrying out their new NDAA powers, this is part and parcel of a larger NDAA nullification campaign around the country. Currently more than 10 local governments have passed resolutions ranging from a denouncement of the federal act in multiple Colorado counties to requiring noncompliance with it in places like Fairfax, CA and Northampton, MA.

And, 11 states are currently considering legislation like Arizona’s – all based off the model legislation provided by the Tenth Amendment Center, the Liberty Preservation Act.

THREE STEPS, MAYBE JUST TWO?

Here at the Tenth Amendment Center, we define nullification as “any act or set of acts which has as its end result a particular law being rendered null, void, or unenforceable in a specific area.” With that definition in mind, we see nullification of the new “kidnapping powers” of the NDAA as a multi-step process.

1. Education - awareness. This is where local and state resolutions come into play. When something is passed, even non-binding, it gets press coverage about the idea that the local and state people have a role to play in this.

2. Non-compliance – as just passed by the Virginia House and Senate, and now moving forward in Arizona. The message? Your unconstitutional federal act is not welcome here!

Gandhi, Rosa Parks and others didn’t take it beyond there. We recognize that in almost every situation, the federal government relies on states being silent or even fully complicit. Information sharing, logistics, and even national guard troops carrying out orders are activities that could be asked of state and local governments. Could the feds still kidnap at that point if the state refuses compliance? Sure, “legally” nothing has changed. But if 10-15 states and a hundred or so counties and cities are making clear they will not comply and that they consider the act unconstitutional, it’s going to be much tougher for them, if not politically impossible, than if everybody just complied and waited for the courts or another election to “save” them.

3. Resistance and physical interposition – Some, of course, believe that the feds can never be stopped without a physical resistance. But this may not be required if enough states and localities take noncompliance seriously in #2 above. But, we also see the value in running the full spectrum of options from the simplest to the strongest in various parts of the country. In Washington State, the bill there is full non-compliance. Matt Shea and Jason Overstreet, the primary sponsors, feel they can get that moving forward, and hope to follow up with criminal penalties in a future bill. Then, potentially another to require arrest of fed agents for kidnapping could be considered. In Missouri, they’re tracking along the same lines.

In Tennessee, though, the bill being considered right now refers to indefinite detention as a “kidnapping” charge and requires the local sheriffs to stop them. (info here)

ARIZONA RESIDENTS – ACTION NEEDED NOW

The bill is moving forward, but is far from passing the final hurdles.  It still needs approval in the house, and a signature from Governor Jan Brrewer.  Behind the scenes, we’ve heard indications that Brewer “has reservations” about signing the bill.

But, as grassroots activists proved this week – a NO vote can be changed to a YES in a matter of days.


If you live in Arizona, the time to act is now. Contact your representative and politely, but strongly, insist that they pass Senate Bill 1182.

And also contact Gov. Brewer and Speaker of the House  Andy Tobin and let them know you expect the State of Arizona to do what James Madison insisted was its duty and interpose on behalf of its citizens to stop the progress of evil.

Click HERE for Arizona legislature contact information.

Click HERE for the Gov. Brewer’s contact information.

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


If you don’t live in Arizona and your state has not taken steps to stop kidnapping under the NDAA, you can find model Liberty Preservation Act legislation that you can propose to your state representative or senator HERE.

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