OFF THE WIRE
Posted by Mike Maharrey
LANSING, Mich. (April 19, 2013) – A bill seeking to nullify
indefinite detention under the National Defense Authorization Act by
blocking state cooperation unanimously passed the Michigan House
Thursday.
HB4138 essentially takes Michigan out of the indefinite detention business.
No agency of this state, no political subdivision of this state,
no employee of an agency of this state or a political subdivision of
this state acting in his or her official capacity, and no member of the
Michigan national guard on active state service shall aid an agency of
the armed forces of the United States in any investigation, prosecution,
or detention of any person pursuant to section 1021 of the national
defense authorization act for fiscal year 2012″
Since indefinite detention without due process violates the Fourth
Amendment, this bill would effectively prohibit any state cooperation
with federal kidnapping and represents a huge step toward protecting due
process in the Great Lake State. This would make a big dent in any
effort to further restrict due process – and would be a big step forward
for Michigan. As Judge Andrew Napolitano has said recently, such
widespread noncompliance can make a federal law “nearly impossible to
enforce” (video here)
HB4138 passed 109-0.
“I’m not too surprised by the unanimous vote,” bill sponsor Rep. Tom
McMillin said. “I mean, who’s going to vote against due process? Who
would vote against liberty?”
Michigan has a history of refusing
cooperation with federal acts violating basic due process rights. The
Michigan legislature passed a personal liberty law in 1855 refusing
compliance with the Fugitive Slave Act of 1850. The Michigan Personal Freedom Act
guaranteed any man or woman claimed as a fugitive slave, “all the
benefits of the writ of habeas corpus and of trial by jury.” It also
prohibited the use of state or local jails for holding an accused
fugitive slave, and made it a crime punishable by a fine of $500 to
$1,000. Finally, it made any attempt to send a freedman South into
slavery a crime.
Northern personal liberty laws were so effective, South Carolina
listed northern state nullification of the Fugitive Slave Act in its
Declaration of Causes when it seceded. As Judge Andrew Napolitano said
recently, widespread noncompliance can make a federal law “nearly
impossible to enforce.” (Video here)
HB4138 will now go to the Senate for approval. The upper chamber already unanimously passed an identical Senate bill 34-0.
ACTION ITEMS
1. Contact your state senator. If you live in
Michigan, contact your senator and trongly but respectfully, urge him or
her to vote YES on HB4138 and oppose federally sanctioned kidnapping in
Michigan. You can find senate contact information HERE.
2. Encourage your local community to take action as well. Present
the Liberty Preservation Act to your city county, your town council, or
your county commissioners. Various local governments around the
country are already passing similar resolutions and ordinances. Local
legislative action present a great way to strengthen a statewide
campaign against NDAA indefinite detention
Model legislation HERE .
3. Get connected to what is happening in your state on Facebook. Like and get active on the Michigan Tenth Amendment Center page. Also join the Nullify NDAA group on Facebook HERE.
4. Share this information widely. Please pass this
along to your friends and family. Also share it with any and all
grassroots groups you’re in contact with around the state. Please
encourage them to email this information to their members and
supporters.
BACKGROUND ARTICLES AND INFORMATION ON NDAA “INDEFINITE DETENTION”
NDAA: Open Season for the Police State
Scary Potential in Sections 1021 and 1022
Note: while some believe that the 2013 NDAA eliminated indefinite
detention, it does not. Dianne Feinstein introduced a very weak
amendment to 2013 – and it failed anyway. 2012 indefinite detention
provisions remain in tact – and the Obama administration is aggressively
defending them in court.
Also, a case about indefinite detention is still being heard in
federal court. Last year, Federal Judge Katherine Forrest struck down
these indefinite detention powers as unconstitutional. She issued a
temporary court order blocking the use of these powers. That order was
revoked by the appeals court and indefinite detention powers remain
while the case is currently on appeal but not decided.
Additionally, when asked by Judge Forrest if the federal government
was using indefinite detention in violation of her temporary order
blocking it, Barack Obama’s attorneys refused to confirm, leaving the
door open that the Feds were potentially using this power in secret,
even in outright defiance of an order from the federal courts.
Because of all this, and more, Michigan stands on strong ground to
reject a federal power which has already been struck down in federal
court and is still pending appeal.
Michael Maharrey [send him email]
is the Communications Director for the Tenth Amendment Center. He
proudly resides in the original home of the Principles of '98 -
Kentucky. See his blog archive here and his article archive here. He also maintains the blog, Tenther Gleanings.
