January 1, 2014, by Ken Jorgustin
Perhaps the last remaining hope to quell the onslaught of federal (unconstitutional?) power and tyranny over the citizens of this nation is for the states themselves to take action and say, “Not here, not in my state!”
The largely independent-minded “Live Free or Die” state of New Hampshire has taken a blocking action with regards to the controversial federal ‘National Defense Authorization Act’ and is sending a message to Washington that they can’t simply bulldoze their powers wherever they please…
A New Hampshire state representative has introduced legislation to thwart implementation of federal “indefinite detention” powers within the state.
Rep. Timothy O’Flaherty (D), along with two Democrats and two Republicans, have filed House Bill 1279 in Concord. If passed into law, the bill would ban the state from participating in the enforcement of the controversial “indefinite detention” provisions of the National Defense Authorization Act (NDAA), which remain in force today.
Signed by President Barack Obama on New Year’s Eve in 2011, NDAA empowers the federal government to arrest and detain any person without trial or access to legal counsel, and keep that status indefinitely.
Constitutional scholar Robert G. Natelson described it this way, “The administration can simply decide to detain you without trial until the end of hostilities.”
The state of New Hampshire may disagree…
House Bill 1279 (as introduced)
STATE OF NEW HAMPSHIRE
PROTECTION FROM MILITARY ACTION
Protection Against Military Action Within New Hampshire. Notwithstanding any provision of law to the contrary, no New Hampshire agency, political subdivision, or employee of either acting in his or her official capacity, and no member of the New Hampshire national guard when such member is serving in the national guard, may knowingly engage in any activity that aids an agency of or the armed forces of the United States in the execution of 50 U.S.C. section 1541 as provided by the National Defense Authorization Act for Fiscal Year 2012, Public Law 112-18, section 1021, or any other similar law, order or regulation, in the investigation, arrest, detention, extra-judicial transfer to foreign jurisdictions or entities, military tribunal or trial, of any person within the United States. Nothing herein shall be interpreted to prevent cooperation with federal civilian authorities not acting pursuant to 50 U.S.C. section 1541, as provided by the National Defense Authorization Act for Fiscal Year 2012, Public Law 112-18, section 1021, or any other similar law, order, or regulation.
Michael Maharrey, national communications director for the Tenth Amendment Center said, “By banning the state from participating with these so-called indefinite detention provisions of the 2012 NDAA or any other federal act claiming that kind of unconstitutional power for the feds, New Hampshire not only would tell DC a big fat ‘Not here!’ but would make things pretty tough for the feds to pull off,”
“The feds almost always require state and local assistance to pull off their plans,” “Whether it’s trying to convince states to set up exchanges or expand Medicaid for Obamacare, or dangling highway funds to get local sheriffs to carry out federal gun control measures, they heavily rely on states.”
Writing in Federalist #46, James Madison, the “Father of the Constitution” said that such non-participation would be an effective way to stop federal acts which were either “unwarranted” or “unpopular.” He advised a “refusal to cooperate with officers of the Union.”
Fox News Senior Judicial Analyst Judge Andrew Napolitano suggested earlier this year that a single state refusing to enforce a federal act would make it “nearly impossible to enforce.”
The New Hampshire legislation bans indefinite detention assistance to not just the US Armed Forces, but any federal agency. It also broadens the scope beyond the specific sections of the 2012 NDAA to “any other similar law, order or regulation.”
HB1279 will first be heard and debated in the New Hampshire house committee after the state legislative session starts on January 8, 2014.