Tenther News 01-14-13: Nullify NDAA, Obamacare, the Drug War and More

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The resistance to the unconstitutional kidnapping powers that were signed into law under the guise of NDAA “indefinite detention” is growing.  With state legislative sessions just barely getting underway, already 6 states are considering bills to nullify the feds on NDAA, and more will be jumping on board soon.

The latest include Colorado, Wyoming and also Indiana – where State Senator Jim Banks has introduced SB 400.  That bill would amend the Indiana Code concerning state and local administration. The text of the bill states:

“Prohibits specified individuals and entities in Indiana from aiding an agency of the armed forces of the United States in the investigation, prosecution, or detention of a person under a provision of the National Defense Authorization Act (NDAA) or similar law providing for indefinite detention.”

The legislation takes things a step further too – providing for criminal charges on federal agents who attempt “indefinite detention” (AKA Kidnapping) in the State of Indiana:

“A person who, being an official, agent, or employee of the United States or an employee of a person providing services to the United States, knowingly or intentionally enforces or attempts to enforce the indefinite detention provision of the NDAA commits unlawful indefinite detention, a Class A misdemeanor.”

To track the status of similar legislation in states around the country, visit our tracking tool online at http://tracking.tenthamendmentcenter.com/ndaa.  And to get model legislation to nullify NDAA for introduction on a state or local level at http://tenthamendmentcenter.com/ndaa

On the Obamacare nullification front, more states are getting on board as well.  On this issue, Indiana is again at the forefront, with State Senator Phil Boots introducing SB0230.  That legislation proposes to not only declare the Affordable Care Act null and void within the state, but also provides for felony charges for federal agents attempting to enforce the act.  It reads, in part:

“A person who knowingly or intentionally implements or enforces a federal law, or attempts to implement or enforce a federal law, that is declared void under section 2 of this chapter commits a Class D felony.”

A similar bill has been pre-filed by Oklahoma State Senator Patrick Anderson.  If passed, the law would require the state legislature to take action to prevent implementation of the unconstitutional Affordable Care act within the boundaries of the state:

It shall be the duty of the Legislature of this state to adopt and enact any and all measures as may be necessary to prevent the enforcement of the “Patient Protection and Affordable Care Act” and the “Health Care and Education Reconciliation Act of 2010? within the limits of this state.

To track the status of similar legislation in states around the country, visit http://tracking.tenthamendmentcenter.com/obamacare. To get model legislation to send to your state legislators, visit http://tenthamendmentcenter.com/obamacare

There are currently 18 states actively nullifying federal laws on marijuana, and while sources close to the Tenth Amendment Center tell us to expect at least 4 more states considering full legalization measures in line with what Colorado and Washington voters passed last November, we can already confirm two more states that are considering medical marijuana bills this session.  Both New York and Kentucky are vying to become the 19th state to successfully defy DC on this issue – leading the modern nullification movement to the next level.

In Kentucky, the bill is SB11 and in New York, the bill is S01682.  Track the status of all state marijuana bills introduced in states around the country at http://tracking.tenthamendmentcenter.com/marijuana

Back to Indiana, where Nick Hankoff reports that State Senator Dennis Kruse has introduced a Sheriffs First Bill, SB-127.  “a federal employee who is not designated by state law to act as a state law enforcement officer may not make an arrest, a search, or a seizure in Indiana unless, before making the arrest, search, or seizure, thefederal employee obtains the written permission of the sheriff or the designee of the sheriff who has jurisdiction in the county in which the arrest, search, or seizure will occur.”

On Monday, January 7 the bill was read then introduced to the Committee on Rules and Legislative Procedure. If it passes, the law would take effect July 1. One sheriff hopes to see such a difference made.

“This is the type of positive state legislation that will help reign in federal usurpations of our Constitution,” said Sheriff of Elkhart County, Brad Rogers. If you don’t remember the name, this is the sheriff who took on the FDA when they threatened dairy farmers in his jurisdiction. Rogers continues, “However, we the people still have an obligation to elect sheriffs who will uphold their oath of office. Otherwise, a law such as this won’t go far in protecting us from what it is designed to do.”

In closing today, Rob Natelson reports that The claim—partly silly, partly dangerous—that President Obama may raise the debt limit unilaterally without the approval of Congress is again being raised.

Rob clarifies, he wrote: “Under the Constitution, only Congress may incur debt. The exclusive power of the legislature to do so is one of the central parts of our governmental system, pre-dating the Constitution by centuries, and with its roots in colonial and British practice.

Those seeking this indefensible extension of presidential power argue that the existing level of entitlement benefits are “debt” and that the Fourteenth Amendment requires it to be paid.

But projected benefits from entitlement programs are legally non-contractual largess, and the Supreme Court has said as much.  The Fourteenth Amendment provides that the “validity of the public debt of the United States, authorized by law, . . . shall not be questioned.” But, of course, debt issued in excess of the statutory debt limit is not “authorized by law.”   Natelson concludes that, “Even if the President attempted to issue debt on his own authority, it would not be valid.”

10 for 10: Tenther News is a weekly video report on the top 10th Amendment news around the country. Get 10 minutes (or so) on the 10th, from the Tenth Amendment Center. Live at 10:10 AM (Pacific Time) every Monday at www.youtube.com/tenthamendmentcenter.

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This entry was posted on Monday, January 14th, 2013 at 1:25 pm. It is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed.