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Texas NDAA Nullification Bill Includes Criminal Charges for Federal Agents
Tenth Amendment Center ^ | November 12, 2012 | Michael Boldin

Posted on 11/13/2012 8:08:40 AM PST by all the best

At the close of 2011, Barack Obama signed the National Defense Authorization Act for the year 2012. In it are what some constitutional experts consider to be some of the greatest constitutional violations in American history. At issue are sections 1021 and 1022 which, in essence, create a new power for the federal government to “indefinitely detain” – without due process – any person. Indefinitely. That’s little different than kidnapping.

In response, there’s been a bit of a firestorm from people across the political spectrum. Local communities in Colorado sent out the first warning shots, passing resolutions and ordinances rejecting such power earlier this year. Then, at the close of the 2012 state legislative session, Virginia Governor Bob McDonnell signed House Bill 1160, making that state the first to paw a law not only rejecting the federal act, but fully banning any state agency from cooperating with the feds on it.

Currently, more than 15 local communities have done the same. Michigan is also considering a bill that is similar to Virginia’s. And today, Texas State Representative Lyle Larson introduced House Bill 149 (HB149), the Texas Liberty Preservation Act. This might be the strongest anti-NDAA bill introduced yet.

It states, in part:

Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. No. 112-81) violate portions of federal law, the United States Constitution, and the Texas Constitution and, as such, are invalid and illegal in this state.

It also, like Virginia’s law, requires full noncompliance with the federal act:

It is the policy of this state to refuse to provide material support for or to participate in any way with the implementation within this state of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012

(Excerpt) Read more at blog.tenthamendmentcenter.com ...


TOPICS: News/Current Events; US: Texas
KEYWORDS: 10thamendment; ndaa; nullification; statesrights; tenthamendment; texas
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the Texas legislation takes it a step further, codifying into State law criminal penalties for violation of the act by even federal agents: A person who is an official, agent, or employee of the United States or an employee of a corporation providing services to the United States commits an offense if the person enforces or attempts to enforce a statute, a rule or regulation, an order, or any law of the United States in violation of this subchapter.

An offense under Subsection (a) is a Class A misdemeanor punishable by confinement for a term not to exceed one year, a fine of not more than $10,000, or both the confinement and the fine.

1 posted on 11/13/2012 8:08:51 AM PST by all the best
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To: all the best

Another shot across Obama’s bow. Hope it passes.


2 posted on 11/13/2012 8:14:21 AM PST by txnativegop (Fed up with zealots)
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To: all the best

‘Introduced’, but has it passed and been signed into law?


3 posted on 11/13/2012 8:22:17 AM PST by CodeToad (Padme: "So this is how liberty dies... with thunderous applause.")
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To: all the best

God Bless Texas.


4 posted on 11/13/2012 8:25:18 AM PST by Wyrd bið ful aræd (Gone Galt, 11/07/12)
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To: CodeToad

“Introduced’, but has it passed and been signed into law?”

No, it hasn’t been introduced yet. Our state legislature meets every other year. A new session starts this coming January. This bill will be introduced then. Republicans have the majority in our house and senate, so it should pass.


5 posted on 11/13/2012 8:32:58 AM PST by Marcella ("When the people find that they can vote themselves money, that will herald the end of the republic.)
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To: Wyrd bið ful aræd

I’ve concluded that a revolt at the State level is all that will save the country as founded. There are 30 States that are currently headed by Republican governors. Even with Obama’s 57 that’s a majority.


6 posted on 11/13/2012 8:34:09 AM PST by HMS Surprise (Chris Christie can STILL go straight to hell.)
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To: ForGod'sSake; Nachum

Ping.


7 posted on 11/13/2012 8:38:20 AM PST by Army Air Corps (Four Fried Chickens and a Coke)
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To: txnativegop

“...Another shot across Obama’s bow. Hope it passes....”

Won’t matter under Holder’s “Group O’Felons.”

They don’t need no stinkin’ constitution if you ain’t their people.

I really want front seat tickets to the guillotine following the successful completion of CW-II and the subsequent de-necking of liberals.

All of them.


8 posted on 11/13/2012 8:38:41 AM PST by Da Coyote
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To: cripplecreek

FYI.


9 posted on 11/13/2012 8:41:58 AM PST by Army Air Corps (Four Fried Chickens and a Coke)
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To: Wyrd bið ful aræd
“God Bless Texas.”

What is terrible is the fact we in Texas and other states have to write laws to stop the federal government from taking us over. Every law passed that invalidates laws the federal government passed, is a type of revolt in order to keep our freedom.

It's like dumping the federal government's tea in the ocean again and again in order to keep our independence.

It's been talked about Texas could secede from the US but each law we pass to shut down federal control of us, is a secession slap to the feds.

10 posted on 11/13/2012 8:42:11 AM PST by Marcella ("When the people find that they can vote themselves money, that will herald the end of the republic.)
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To: Marcella

“Our state legislature meets every other year. A new session starts this coming January. “

I forgot about that. Well, I hope they get it passed.


11 posted on 11/13/2012 8:53:17 AM PST by CodeToad (Padme: "So this is how liberty dies... with thunderous applause.")
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To: CodeToad

‘Introduced’, but has it passed and been signed into law?

******************

http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB149

Last Action: 11/12/2012 H Filed

Caption Version: Introduced

The Texas Legislature will begin its session in Jan. 2013.


12 posted on 11/13/2012 8:55:06 AM PST by deport
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To: all the best

Somehow, the very fact that a state creates a law like this to counter federal edicts reminds me of whistling past the graveyard. For some odd reason, I don’t think your law will stop them, much less slow them down.


13 posted on 11/13/2012 9:02:09 AM PST by factoryrat (We are the producers, the creators. Grow it, mine it, build it.)
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To: HMS Surprise
I’ve concluded that a revolt at the State level is all that will save the country as founded. There are 30 States that are currently headed by Republican governors. Even with Obama’s 57 that’s a majority.

At least one of those governors publicly worshiped Obama. Who knows how many others he can bring to heel.

14 posted on 11/13/2012 9:02:29 AM PST by Spirochete (Sic transit gloria mundi)
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To: all the best; All

I hope this passes...but have no faith in TX PhonyCon RINO Gov Rick Perry. Look what happened when TX tried to pass the anti-TSA law....Perry and other PhonyCons killed it.


15 posted on 11/13/2012 9:04:31 AM PST by SeminoleCounty (Insanity is ever believeing Karl Rove is a conservative)
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To: CodeToad

The members of the Texas Legislature may introduce upwards of 8,000 bills/resolutions about 20% of which will be passed. A large percent never get acted upon.


16 posted on 11/13/2012 9:10:07 AM PST by deport
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To: Da Coyote

Should start with the fifth column enemy of We The People, euphemistically known as ‘the mainstream media’. I’ve been sayin’ guillotines from orbit, it’s the only way to clean up this infestation of lying vermin.


17 posted on 11/13/2012 9:10:07 AM PST by MHGinTN (Being deceived can be cured.)
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To: all the best

After the bill passes I can’t wait for a Texan to be charged under NDAA and hide out in the Texas Capitol building. The state should offer asylum and dare the feds to come get him.


18 posted on 11/13/2012 9:17:00 AM PST by RadiationRomeo (Step into my mind and glimpse the madness that is me)
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To: factoryrat

“For some odd reason, I don’t think your law will stop them, much less slow them down.”

Ah, but will YOU make any attempt to stop them or to slow them down?

Everybody thinking everybody else will give them stuff - like liberty.

Ultimately, it will need to be fought for. Our Forefathers knew that. Do we?


19 posted on 11/13/2012 9:19:43 AM PST by dagogo redux (A whiff of primitive spirits in the air, harbingers of an impending descent into the feral.)
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To: Marcella

What Obama can’t get through legislation, he will get through executive orders. If that doesn’t work he will get through international treaties and the united nations.

The repubs in congress better get some conjones if we are to see this through.


20 posted on 11/13/2012 9:23:14 AM PST by dirtymac
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