He said he was not aware of any other state making the same move, although a similar statement had been generated by county officials in El Paso County, Colo.
Approving his resolution would be a “good first step” in the fight over such rights.
It’s not just this single bill, either, he said, that worries.
“That incremental creeping of tyranny from the federal government has been going on for the past decade. … No one is standing up and saying no.”
There are some exceptions to that characterization. Eight states have adopted their own “Firearms Freedom Acts” that say guns made, sold and kept inside a state are exempt from federal regulation.
The laws fly directly in the face of Washington’s presumption that it can control such activity. The dispute currently is pending before the 9th U.S. Circuit Court of Appeals.
There also has been a move in states to exempt citizens from Obama’s health care mandates.
Two authors in another commentary warned of the possibility of the unrestricted detention of Americans.
Allen Keller and Yang-Yang Zhou of the Bellevue/NYU Program for Survivors of Torture noted that Alexander Hamilton described such policies as the “favorite and most formidable instruments of tyranny.”
“Based on our experience in evaluating and caring for victims of torture and human rights abuses from all over the world, Hamilton was right,” they wrote. “Regardless of the law’s applicability to U.S. citizens, indefinite detention in a military facility without charge can be tantamount to torture, causing profound health consequences.
“It is hardly reassuring that President Obama accompanied his signing of the NDAA with a statement pledging that his administration will not authorize indefinite detention without trial for Americans. First, there are no assurances with future administrations. Second, the president’s record on following through with such promises is inconsistent at best,” they wrote.
“This new law signals yet another post-9/11 erosion of U.S. moral authority against torture and human rights abuses. We are now officially in the business of indefinite detention and disappearances. Who are we to censure dictatorships in Africa and elsewhere for doing the same?”
The Tenth Amendment Center, which monitors disputes over rights and federal authority, says the NDAA defies the founding principles of America.
“As Jefferson said, the states were never united on the principle of complete submission to the federal government,” a commentary notes about a dispute over Obamacare that involves the same principles.
“The people, through the states, created the federal government for limited purposes, granting it specific, clearly articulated powers, leaving all other authority to the states and the people. In fact, the federal government serves as an agent of the states and the people, not their master.”
The proper response from the states and people?
“Nullification provides a powerful check on federal power,” the commentary explains. “Without it, the states and American citizens must simply bow down and meekly accept any edict passed down from Washington.”