NDAA Nullification: Tennessee Bills Propose Kidnapping Charges for Federal Agents – Tenth Amendment Center Blog: The Tennessee legislature will consider HB1629 and SB2669 in the 2012 session. The legislation would effectively nullify the detention provisions in the NDAA and would also require federal agents making an arrest in the Volunteer State for any reason to first obtain written permission from the county sheriff.
This bill declares that any federal law purporting to require local or state law enforcement agencies to act at the direction of the federal government or the United States military is beyond the authority granted to the federal government pursuant to the United States Constitution, is not recognized by this state, is specifically rejected by this state and is declared to be invalid in this state. This bill further declares that any federal law purporting to give federal agents or employees, including any members of the United States military, the authority of any state or local law enforcement agency of this state, without the express permission of this state, is beyond the authority granted to the federal government pursuant to the United States Constitution, is not recognized by this state, is specifically rejected by this state, and is declared to be invalid in this state.
The act takes aim at indefinite detention provisions in the NDAA. Tenth Amendment Center communications director Mike Maharrey called language in the NDAA vague and overbroad, pointing out that Americans should never simply trust in the good intentions and moral clarity of the president or federal judges to protect their rights.
“It falls on the states to step in and protect their citizens,” he said. “I can’t imagine a more clear-cut application of state and local interposition as a check on federal power. What could be a more palpable, deliberate and dangerous unconstitutional act than the federal government indefinitely detaining an American citizen without due process?”
The Tennessee bill also “makes it a Class E felony for any official, agent, or employee of the United States government to enforce or attempt to enforce any federal law, order, rule or regulation that is beyond the authority granted to the federal government pursuant to the United States Constitution,” and includes provisions for kidnapping charges if a federal agent were to detain a U.S. citizen in Tennessee under the NDAA.
Rep. Bill Dunn (R-Knoxville) and Rep. Cameron Sexton (R-Crossville) sponsor the House version of the bill. Sen. Stacey Campfield (R-Knoxville) sponsors the Senate bill.
The Volunteer state joins Washington and Virginia considering legislation to nullify detention provisions in the NDAA. And local governments have also stepped up, including El Paso and Fremont Counties in Colorado. While some argue the NDAA doesn’t apply to American citizens, Maharrey said that notion should not stop state and local governments from following James Madison’s admonition to interpose and draw a line in the sand.
This bill declares that any federal law purporting to require local or state law enforcement agencies to act at the direction of the federal government or the United States military is beyond the authority granted to the federal government pursuant to the United States Constitution, is not recognized by this state, is specifically rejected by this state and is declared to be invalid in this state. This bill further declares that any federal law purporting to give federal agents or employees, including any members of the United States military, the authority of any state or local law enforcement agency of this state, without the express permission of this state, is beyond the authority granted to the federal government pursuant to the United States Constitution, is not recognized by this state, is specifically rejected by this state, and is declared to be invalid in this state.
The act takes aim at indefinite detention provisions in the NDAA. Tenth Amendment Center communications director Mike Maharrey called language in the NDAA vague and overbroad, pointing out that Americans should never simply trust in the good intentions and moral clarity of the president or federal judges to protect their rights.
“It falls on the states to step in and protect their citizens,” he said. “I can’t imagine a more clear-cut application of state and local interposition as a check on federal power. What could be a more palpable, deliberate and dangerous unconstitutional act than the federal government indefinitely detaining an American citizen without due process?”
The Tennessee bill also “makes it a Class E felony for any official, agent, or employee of the United States government to enforce or attempt to enforce any federal law, order, rule or regulation that is beyond the authority granted to the federal government pursuant to the United States Constitution,” and includes provisions for kidnapping charges if a federal agent were to detain a U.S. citizen in Tennessee under the NDAA.
Rep. Bill Dunn (R-Knoxville) and Rep. Cameron Sexton (R-Crossville) sponsor the House version of the bill. Sen. Stacey Campfield (R-Knoxville) sponsors the Senate bill.
The Volunteer state joins Washington and Virginia considering legislation to nullify detention provisions in the NDAA. And local governments have also stepped up, including El Paso and Fremont Counties in Colorado. While some argue the NDAA doesn’t apply to American citizens, Maharrey said that notion should not stop state and local governments from following James Madison’s admonition to interpose and draw a line in the sand.
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