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Will Texas Nullify Both NDAA and TSA?
For Immediate Release: November 13, 2012
The Texas legislature will take up two bills designed to protect basic civil liberties in the Lone Star State during the 2013 legislative session.
On Monday morning, Rep. David Simpson (R-Longwood) prefiled The Texas Travel Freedom Act (House Bill 80). If passed, the law would make it a criminal act to intentionally touch “the anus, breast, buttocks, or sexual organ of the other person, including touching through clothing,” without probable cause in the process of determining whether to grant someone access to a public venue or means of public transportation.
The measure also forbids removing a child younger than 18 years of age from the physical custody or control of a parent or guardian. The act would put an end to the most intrusive pat-down searches conducted by the TSA.
“If you walk up to somebody and grab their crotch out on the street, it will land you in jail. Blue uniforms and federal badges don’t grant some goon the power to sexually assault you, or at least they shouldn’t. A person doesn’t forfeit her or his personal dignity or Fourth Amendment protections with the purchase of an airline ticket,” Tenth Amendment Center communications director Mike Maharrey said.
The Texas legislature will also consider a bill that would block any attempt to indefinitely detain people in Texas under sections of the National Defense Authorization Act.
MORE . . .
Related articles
- Will Texas Nullify Both NDAA and TSA? (txwclp.org)
- Will Texas Nullify Both NDAA and TSA? (tenthamendmentcenter.com)
- Rematch: Texas takes on the TSA Again (tenthamendmentcenter.com)
- Michigan Nullifying the NDAA: A Work in Progress (rubinoworld.com)
- Texas NDAA Nullification Bill Includes Criminal Charges for Federal Agents (tenthamendmentcenter.com)
Texas NDAA Nullification Bill Includes Criminal Charges for Federal Agents
by Michael Boldin via Tenth Amendment Center Blog
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 (Pub. L. No. 112-81). Any act to enforce or attempt to enforce those laws is in violation of this subchapter.
But, 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.
This coming legislative session, Texas won’t be alone in its efforts. Sources close to the Tenth Amendment Center tell us to expect at least 10 other states considering the same. And potentially dozens of counties and cities can be expected to move along these lines as well.
MORE . . .
Related articles
- Texas NDAA Nullification Bill Includes Criminal Charges for Federal Agents (tenthamendmentcenter.com)
- Texas NDAA Nullification Bill Includes Criminal Charges for Federal Agents (fromthetrenchesworldreport.com)
- Will Texas Nullify Both NDAA and TSA? (tenthamendmentcenter.com)
- Michigan Nullifying the NDAA: A Work in Progress (rubinoworld.com)
- States Considering Nullification (rubinoworld.com)
- Second Michigan county says “NO!” to federal kidnapping (tenthamendmentcenter.com)
