ACTION ITEMS

1. If you live in the state of Tennessee, make sure to contact your legislators and respectfully demand that they support HB 1059 and SB 1290. We will make the Mike Turners of the world know that there are far more of us than he cares to admit and that we will not be ignored! You can find out more information on how to contact your State House Reps by going here http://www.capitol.tn.gov/house/members/ and your State Senators by going here http://www.capitol.tn.gov/senate/members/.

2.  Encourage your local community to take action as well.  Present the Liberty Preservation Act to your city county, your town council, or your county commissioners.  Various local governments around the country are already passing similar resolutions and ordinances.  Local legislative action present a great way to strengthen a statewide campaign against NDAA indefinite detention

Model legislation here:
http://tenthamendmentcenter.com/ndaa

3.  Share this information widely.  Please pass this along to your friends and family.  Also share it with any and all grassroots groups you’re in contact with around the state.  Please encourage them to email this information to their members and supporters.

LEGISLATION AND TRACKING

If you live anywhere outside of Massachusetts, please contact your own legislators regarding anti-NDAA legislation. If none has been introduced in your state, you can email them The Liberty Preservation Act model legislation.

Track the status of NDAA nullification in states around the country by goin here http://tracking.tenthamendmentcenter.com/ndaa/

The Tenth Amendment Center

An organization that promotes a limited federal government prescribed by the Constitution, and the empowerment of States rights and people’s rights through nullification as a remedy of unconstitutional actions performed by the federal government. 

The 10th Amendment:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Proposed Legislation from the Tenth Amendment Center to be proposed to State representatives.

The Tenth Amendment Center’s Travel Freedom Act website:

http://tenthamendmentcenter.com/legislation/travel-freedom-act/

Travel Freedom Act:

• Requires the State to uphold the 4th, 5th, and 9th Amendments of the US Constitution against the Federal government’s unconstitutional actions performed by the TSA.

o The 4th Amendment:

• The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 

o The 5th Amendment:

• No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; no shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of the law; nor shall private property be taken for public use, without just compensation. 

o The 9th Amendment:

• The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people

Travel Freedom Act: TSA Pat-downs: 

o Defines offensive touching used in enhanced pat-down procedures, search, and penalties of such acts

o Offensive touching by TSA, without consent of person shall be a felony of the second degree with penalties of state jail felony.

Travel Freedom Act: Whole-Body Scanners

o Defines whole-body imaging technologies

o Shall make it unlawful for Whole-Body imaging a primary screening method. 

o Limits use of Whole-body scanners as alternative screening method at any public or government building.

o Shall make it unlawful to store, transfer, share, or copy images.

o Requires State’s chief of the bureau of homeland security to make finding on the physical well being of frequent fliers, operators, and those within close proximity of whole body scanners

o Requires State’s chief of the bureau of homeland security to report on use of whole body scanners use as an alternative scanning method, privacy protections measures taken and violated, new health effects from radiation from scanners after one year of enactment.

o Defines reasonable pat-downs.

This is from constitutional scholar Jon Roland.

There is confusion about the meaning of the term “nullification”, in large part the fault of proponents who aspirationally use it to convey something more cogent than it is. Most of them know better but prefer to use it that way for rhetorical effect. That is unwise, because while it can help recruit supporters it can also generate unnecessary opposition.

We need to correct this rhetorical overreach by explaining that “nullification” is not repeal. It is abandonment of efforts to enforce. That abandonment may be encouraged by nullificatory efforts of passive resistance and non-cooperation that raise the costs of enforcement and the risks of failure to do so.

It does not work to try to make unconstitutional enforcement efforts a violation of state law, especially criminal law. Such gestures would just be removed to federal court and dismissed, and the state agent trying to enforce them himself criminally prosecuted, a prosecution which the state would be barred by precedent from representing the accused.

What can work in a few cases where the cooperation of state government agents or citizens is needed, if only to reduce the costs of enforcement, is to withhold that cooperation. That is what a jury does when it refuses to convict. But it can also be what a county clerk does when he refuses to file documents, or a jail administrator does when he refuses to hold federal prisoners, or a public utility does when it refuses to supply an offending federal agency with electricity or water. If the feds are made to operate like an occupying force in a hostile country, their budget for enforcement is likely to be exceeded.

For most situations most of the cooperation needed is going to be from individuals, such as to testify in trials, so for them to passively resist they are going to need financial support. Since the state can’t represent them, it is going to have to pay for their lawyers and perhaps other expenses. So nullification is not revenue-neutral.

The state also needs to provide an institution and procedures for examining the constitutionality of federal actions and deciding which are unconstitutional. Few state agents or citizens are going to be bold enough to try to decide for themselves what is and is not constitutional. The courts are supposed to do that, but won’t, citing precedent. So a body like a grand jury needs to be created that can specialize in deciding such issues. It will have a more than full-time job, so it can’t be composed of state officials with other duties.

From these considerations come the detailed proposal you will find at my link.

Please spread widely.

Imagine the influence to be had if you are willing to pass along common sense to your family, friends, neighbors, community, city, county State and the nation.