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.