SC Introduces Anti-NDAA Legislation


South Carolina Senator Tom Davis has sponsored the Liberty Preservation Act to nullify the National Defense Authorization Act. S92 will be given priority status in a special order of the State Senate and could possibly be voted on this week.

The protection of the citizens if the State's responsibility. "If states don't act, the federal government will continue its march over basic individual rights like due process," Davis said. "It's the appropriate role of the states to stand against federal overreach, and act as a constitutional check on unlimited federal power."

The NDAA Nullification Act of 2013 is summarized as:

A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "NDAA NULLIFICATION ACT OF 2013", BY ADDING SECTION 8-1-15, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, TO PROHIBIT ANY OFFICER OR EMPLOYEE OF THE STATE OR ANY OFFICER OR EMPLOYEE OF A POLITICAL SUBDIVISION FROM AIDING THE DETENTION OF ANY UNITED STATES CITIZEN WITHOUT TRIAL BY THE U.S. ARMED FORCES IN VIOLATION OF THE CONSTITUTION OF SOUTH CAROLINA.

The bill addresses the fact that "Section 1021 of the National Defense Authorization Act of 2012 purports to assert the President's authority to not only arrest suspected terrorists, but also to determine whether a trial, including the type of trial, will be held for those arrested;" and that "Section 1022 of the National Defense Authorization Act of 2012 requires detention without trial by the military for a certain class of terrorist and authorizes, but does not require, the same for citizens of the United States."

The bill also points out, "The exemption for citizens of the United States in Section 1022 only exempts citizens from the requirement that detainees be detained in military custody; and The enactment into law by the United States Congress of Section 1021 and 1022 of the National Defense Authorization Act of 2012, P.L 112-81, is a direct threat to the liberty, security, and well being of the people of South Carolina, and was adopted by the United States Congress in violation of the limits of federal power provided in the United States Constitution."

The solution being proposed in the bill is to amend Chapter 1, title 8 of the 197 Code by adding the following:

"Section 8-1-15. No agency of the State, agency of a political subdivision of the State, officer or employee of the State, officer or employee of a political subdivision of the State, acting in his official capacity, to include any member of the South Carolina Military Department on official duty, or employees of any state or local detention facility may engage in any activity that aids an agency of the armed forces of the United States in execution of 50 U.S.C. 1541, as provided by the National Defense Authorization Act for Fiscal Year 2012, in the investigation, prosecution, or detainment of any citizen of the United States in violation of Section 3, Article I, and Section 14, Article I of the South Carolina Constitution."

My fellow South Carolinians, if we want to pull the teeth out of the NDAA, then we must contact our representatives and strongly encourage them to pass this bill and encourage Governor Nikki Haley to sign it into law. If you won't stand up, who will?

For those in other states who would like to help get legislation in the hands of your representatives, you can click here for model legislation and you can contact Dan Johnson with PANDA (People against the NDAA) for more information.

Additionally, Las Vegas is also introducing an anti-NDAA resolution, so let's keep an eye on that as well and encourage representatives to pass it.

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  • [email protected]

    It's too bad out Atty Gen Wilson is wimping out by stating that the Sheriff's in this state can't stop the Feds, when come r our guns and us.

  • Tired of taking the blame

    Alexander Tyler's prediction did not take these facts into consideration. We are not a democracy We ARE a Republic. We Americans have had the benefit of his wisdom and warning. We Americans have had the taste of freedom and have the will to fight a second revolution from the tyrants that wish to destroy our Republic. We Americans also by the grace of our forefathers have the wherewithal to fight for our independence by virtue of the second amendment.

    As far as the gun grabbers go MOLON LABE (come and get 'em)

    1887 Alexander Tyler, a Scottish history professor at the
    University of Edinburgh, had this to say about the fall of the
    Athenian Republic some 2,000 years prior: "A democracy is always temporary in nature; it simply cannot exist as a permanent form of government. A democracy will continue to exist up until the time that voters discover that they can vote themselves generous gifts from the public treasury. From that moment on, the majority always votes for the candidates who promise the most benefits from the public treasury, with the result that every democracy will finally collapse over loose fiscal policy, (which is) always followed by a dictatorship."

    "The average age of the world's greatest civilizations from the
    beginning of history, has been about 200 years. During those 200 years, these nations always progressed through the following sequence:

    From bondage to spiritual faith;
    From spiritual faith to great courage;
    From courage to liberty;
    From liberty to abundance;
    From abundance to complacency;
    From complacency to apathy;
    From apathy to dependence;
    From dependence back into bondage."

    The Obituary follows:
    Born 1776, Died 2012
    It doesn't hurt to read this several times.
    Professor Joseph Olson of Hamline University School of Law in
    St. Paul, Minnesota, points out some interesting facts concerning
    the last Presidential election:
    Number of States won by: Obama-19; Romney-29.
    Sq. miles of land won by: Obama-580,000; Romney-2,427,000.
    Population of Co. won by: Obama-127 mil; Romney-143 mil.
    Murder rate per 100,000 residents in counties won by: Obama-13.2; Romney-2.1.
    Professor Olson adds: "In aggregate, the map of the territory
    Romney won was mostly the land owned by the taxpaying citizens
    of the country.
    Obama territory mostly encompassed those citizens living in low
    income tenements and living off various forms of government
    welfare . . . "
    Olson believes the United States is now somewhere between the
    'complacency and apathy' phase of Professor Tyler's definition of democracy, with some forty percent of the nation's population already having reached the "governmental dependency" phase.
    If Congress grants amnesty and citizenship to twenty million
    criminal invaders called illegals - and they vote - then we can say
    goodbye to the USA in fewer than five years.
    If you are in favor of this, then by all means, delete this message. If you are not, then pass this along to help everyone realize just how much is at stake, knowing that apathy is the greatest danger to our freedom..

    Alexander Tyler's prediction did not take these facts into consideration. We are not a democracy We ARE a Republic. We Americans have had the benefit of his wisdom and warning. We Americans have had the taste of freedom and have the will to fight a second revolution from the tyrants that wish to destroy our Republic. We Americans also by the grace of our forefathers have the wherewithal to fight for our independence by virtue of the second amendment.

    As far as the gun grabbers go MOLON LABE (come and get 'em)

    * You do not need a parachute to skydive.
    You only need a parachute to skydive twice.

  • InnerCynic

    Why "amend" what is essentially toxic to the very core? Put forth a bill that says you will not recognize the NDAA at all and then have the damn thing put to sleep.

  • danman1213

    It is a weak start. Needs penalty and enforcement section. Missing the arrest of federal agents who violate the SC constitution .when you are going to present a law make it where it can be enforced .why pass a bill that sounds good with no teeth. You don't allow state office to enforce the NDAA because it is unconstitutional .why would we alow a federal agent to enforce the unconstitutional law on a SC citizen. Wrong is wrong.. No NDAA in SC .

  • http://www.facebook.com/jeff.thomas.568294 Jeff Thomas

    always remember..a state governor has the power over his/her state...get behind them and make them stand up for our rights!

  • http://www.facebook.com/jeff.thomas.568294 Jeff Thomas

    ah yes..just sent governor haley an email..

  • R.Young

    Citizens (SUBJECTS) have no rights only those given to them by the Regime. Sound like it is time for the Regime to replace elected officials in SC with their own hand picked personnel!

  • fliteking

    I would not have said this 20 years ago, but the South might be the last truly free area in America.

    • Me_in_Canada_eh

      Maybe the South will rise again.