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?”
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Published on Apr 23, 2012 by norton2012ify
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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.
“If what supporters say is true and the NDAA does not authorize indefinite detention of Americans, what is the harm in this legislation? Why would anybody oppose it? It does nothing but serve notice that state and local officials will not sit back and allow the federal government to exercise unconstitutional powers – powers supporters claim don’t exist anyway. It simply affirms a fence that supposedly already exists.
The only rational I can find for opposing this bill is if they really do want the option of detaining Americans without due process to remain open,” he said. “You can only oppose this legislation if you accept the idea that the federal government has the authority to do whatever it wants with absolutely no check on its actions – Constitution be damned. If you ask me, that’s a lot scarier than whatever terrorist threat they claim to be protecting me from.”
TAC executive Michael Boldin said he expects other states to soon follow the lead of Tennessee, Virginia and Washington.
“We have pretty strong indications that Rhode Island, Utah, Maine, New Jersey, Oklahoma and other states will be introducing similar legislation soon. This is just a start – and activists all over the country need to contact state legislators right now to voice their support.”
For model Liberty Preservation Act legislation you can propose to your state lawmakers, click HERE.
To track state and local legislation across the U.S., click HERE.
Tenth Amendment Center
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4 comments:
No new laws are needed. By Constitutional law, US government employees do not have the authority to arrest anyone outside their legal jurisdiction which is limited to the District of Columbia and other federally owned property under federal jurisdiction as determined by congressional acts and legislation. Any federal employee who arrest or attempts to arrest a sovereign citizen within a State or any other area not under federal jurisdiction described above should himself be arrested and charged with kidnapping and false arrest.
From what I have heard, any County Sheriff has the authority to order ALL Federal agents out of the County. They supposedly have more authority than Federal Agents.
This is a very misunderstood fact that needs to be understood by all People that live in the United States/Land. If anyone is a citizen/person and member of the body politic(a voter)of the United States [of America],a government, they are subject to the federal jurisdiction thereof. Tennessee identifies the Land, see any map or atlas. The State of Tennessee represents a government over the Land in Tennessee on a separate plane, and a political subdivision of the United States of America. The 14th amendment was established by and Act of Congress and has established a uniform national citizenship and creates the civil law term person to identify the federal citizenship generally. The powers of sovereignty are Vested in the People under the authority of the Creator God. Those powers of sovereignty can be exercised directly through self government or indirectly through representatives to whom those powers of sovereignty are specially delegated. Hope this gives some direction as to where the fed acquires federal jurisdiction.
One of a People of the United State. Ye shall know the Truth and the Truth shall set you free!!!
The 14th Amendment did not establish uniform citizenship. It created a second political class of federal persons "and" state residents (if they reside in a state) who are "subject" to the federal government, as they were not previously citizens of a state of the union.
Natural born (state) citizens are from birth citizens of the fifty free republics (not political subdivisions) that make up these United States. Otherwise, state government would be obsolete or completely subservient to the federal government (which is prohibited by the 10th Amendment).
The first phrase of the 14th Amendment ends at the comma, mid-way through sentence #1. That phrase is a definition, identifying as a class, "All persons born or naturalized in the United States" (federal territory outside state jurisdiction) "and subject to the jurisdiction thereof," (because not already citizens of and therefore under the jurisdiction of any of the (now) 50 states). If the intent was to include all, even existing state citizens, the terms 'and' and 'are' would have to be reversed to read "All persons born or naturalized in the United States are subject to the jurisdiction thereof and citizens of the United States and of the state wherein they reside."
That comma, as placed, means a person must be born or naturalized in the United States (meaning federal jurisdiction here as proved by the next phrase) "AND be subject to the JURISDICTION thereof," (jurisdictional subject matter required, born or naturalized in federal "jurisdiction" at option of a person or persons as it applies in fact).
By the way, the 14th Amendment was illegally foisted upon the states, by throwing the old Confederate States out of the Union (after fighting a war to prove they could not legally withdraw from the union). The ex-Confederate States were expelled and refused readmission to the Union in 1868, three years after being forced back into the Union by the methods employed by European Empires to subjugate free men. They were only readmitted after voting to ratify the 14th Amendment, which was not ratified by enough Northern states to make it a legal Amendment (while the ex-Confederate States were in a state of expulsion).
Interesting to note, that children of federal subjects are free men if born in state jurisdiction. So only those persons (federal subjects) naturalized or remaining as residents in federal jurisdiction have any need of 14th Amendment "citizenship". Wonderful as it is for those who need it to get started in the USA, it is a legal farce, actually a "legal fiction", as applied to natural born (state) citizens whose citizenship is freely transferable between sister states of the union and must be recognized by the federalis on property administered by the United States Government and it's true political subdivisions, United States Territories and possessions.
Indeed, ..."Know the Truth and the Truth shall set you free!"
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