On Wednesday, December 5th, the Michigan House of Representatives unanimously passed a bill which condemns and blocks the detention provisions written into the National Defense Authorization Act (NDAA).
Wednesday’s action by the Michigan House blocks any form of state cooperation with federal agents who attempt to detain citizens of Michigan without due process. The bill, HB5768, states that “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 official state duty 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.”
HB5768 passed unanimously, 107-0. The bill now moves on to the Michigan Senate for concurrence.
Sponsored by Representative Tom McMillin (R), HB5768 is a strong move to employ the Tenth Amendment and nullify the indefinite detention provisions of the NDAA. According to McMillin, “My bill opposing NDAA’s indefinite detention, and taking away due process, and prohibiting the Michigan government from participating, passed the House today (December 5). On to the Senate.”
A large alliance of activist groups supported the bill and lobbied for its passage in the Michigan House. Among those involved were the Tenth Amendment Center, People Against NDAA, Campaign for Liberty, Bill of Rights Defense Committee, Downsize D.C., and the ACLU. All of these groups provided favorable testimony in support of McMillin’s bill, and there was no opposition.
The passage of HB5768 comes in light of the debate surrounding the Feinstein Amendment, which recently passed in the U.S. Senate. That amendment has raised questions about whether it will actually protect U.S. citizens from indefinite detention. According to Bruce Afran, counsel for the group of independent journalists and activists who sued President Obama last spring over NDAA, the Feinstein Amendment can be “easily misinterpreted” and “puts a gloss on a very dangerous situation.”
“State actions like the one taken in Michigan…protect people no matter what they come up with in D.C.,” said Tenth Amendment Center National Communications Director Mike Maharrey. “Even if the Feinstein amendment sticks, it still expressly claims Congressional power to pass legislation to detain people on U.S. soil. It is the duty of state legislatures to interpose and stop the progress of evil. And what can be more evil than government-sanctioned kidnapping? Don’t let the caterwauling in D.C. distract you. Keep pressing your state lawmakers to take action.”
The Tenth Amendment Center’s mission is “to promote and advance a return to a proper balance of power between federal and State governments envisioned by our founders, prescribed by the Constitution and explicitly declared in the Tenth Amendment.” The Center also works “to preserve and protect the principle of strictly limited government through information, education, and activism.”
If you would like more information about how to reject NDAA in your state or city, please visit the Tenth Amendment Center at http://tenthamendmentcenter.com/legislation/liberty-preservation-act/.
As article appeared in print:
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