39-1, Virginia Senate Overwhelmingly Passes NDAA Nullification Bill!

Virginia state officials will obstruct any federal agents attempting to arrest and indefinitely detain any Virginian without charges, due process, or a trial.

These actions by states are putting pressure on the federal government to explicitly renounce the powers they have overreached in claiming to have.

Will other states follow suit? Will power be returned to the people?

We’ll see.


Nullification, a Growing Movement Sweeping Across America

An update on the NDAA nullification movement.  It does appear we are moving forwards, not backwards.  I am curious what is going to happen when the Military Industrial Complex’s lobbyists and their money decide it is worth their time to be in the state legislatures.

From Tom Woods


State Opposition to NDAA Grows

The Tenth Amendment Center reports:

State and local resistance to detention provisions in the National Defense Authorization Act continues to snowball.On Tuesday, the Virginia House overwhelming passed “A BILL to prevent any agency, political subdivision, employee, or member of the military of Virginia from assisting an agency of the armed forces of the United States in the conduct of the investigation, prosecution, or detention of a citizen in violation of the United States Constitution, the Constitution of Virginia, or any Virginia law or regulation.”The House of Delegates approved HB1160 96-4. It now moves on to the Virginia Senate for consideration.Meanwhile, on Thursday, the Arizona Senate Border Security, Federalism and States Sovereignty Committee approved SB1182 6-1, bringing it one step away from a full Senate vote. The bill, “prohibits this state and agencies of this state from participating in the implementation of Sections 1021 and 1022 of the National Defense Authorization Act (NDAA) of 2012 and classifies the act of attempting to enforce or enforcing these sections as a class 1 misdemeanor.”The Arizona and Virginia legislatures join lawmakers in Maryland, Oklahoma, Tennessee and Washington considering laws or resolutions pushing back against NDAA detention. And sources close to the Tenth Amendment Center and the Bill of Rights Defense Committee indicate several more states will follow suit in the next two weeks.Resistance to indefinite detention without due process is not limited to states. Six local governments have passed resolutions condemning sections 1021 and 1022 of the NDAA. Earlier this week, the Town Council of Macomb, N.Y. unanimously passed a resolution, and Fairfax, Calif. approved a similar resolution 4-1. On Wednesday, New Shoreham, R.I. also passed a resolution opposing NDAA detention.“Most Americans recognize that the federal government rarely, if ever, relinquishes power once it grasps it. So state and local governments are taking James Madison’s words to heart and interposing on behalf of their citizens,” Tenth Amendment Center communications director Mike Maharrey said.Some argue that sections 1021 and 1022 don’t actually authorize indefinite detention of persons on U.S. soil, but Maharrey says their assurances shouldn’t provide much comfort.“The very fact that so many legal experts come up with so many diverse readings of those NDAA sections should give us all pause,” he said. “The language is vague and undefined. Are we really going to trust the judgment and good intentions of Pres. Obama or whichever Republican sits in the White House to protect us? That seems like a pretty bad plan.”To track state and local resistance to NDAA detention, click HERE.

Nullification: El Paso County in Colorado Shines Light on Path We All Must Take

Ron Paul isn’t the only person in America fighting for our civil liberties, even though it often feels that way.  The State of Rhode Island and El Paso County, Colorado, have drafted nullification resolutions for the offending passages of the NDAA Bill that was signed by President Obama on New Year’s Eve.

From OathKeepers

El Paso county in Colorado Passes Resolution Nullifying the National Defense Authorization Act

“Sections 1021 and 1022 of the act, signed into law on New Years Eve of 2011, provide for the indefinite detention of American citizens by the military on American soil, without charge, and without right to legal counsel and right to trial,” he explained…..completely disregarding the Bill of Rights that Congress and the President swore to uphold.Updated: Rhode Island is in the process of doing the same thing.

El Paso County, Colorado. Introduced by Commissioner Peggy Littleton. Co-authored by Kim Green of Freedom Action Coalition. Stewart Rhodes is working with Ms. Green to improve the resolution for others to use.

Resolution to Preserve Habeas Corpus

and Civil Liberties

WHEREAS, pursuant to C.R.S. §§ 30-10-101(1), 30-11-103, and 30-11-107, the Board of County Commissioners of El Paso County, Colorado (“County” or “Board”), has the legislative authority to manage the concerns of the County and to exercise such other and further powers as are conferred by law; and

WHEREAS, the Board of County Commissioners of El Paso County, Colorado, opposes any and all rules, laws, regulations, bill language or executive orders, which amount to an overreach of the federal government and which effectively take away civil liberties; and

WHEREAS, in accordance with the Colorado State Constitution, Article 12, Section 8, all elected officials are mandated to “take and subscribe an oath or affirmation to support the Constitution of the United States and of the State of Colorado, and to faithfully perform the duties of the office upon which he shall be about to enter;” and the El Paso County Commissioners subscribe to uphold this oath of office by the adoption of this Resolution, and

WHEREAS, one of our most fundamental rights as American citizens is to be free from unreasonable detention without due process of law, a right afforded to us by our Founding Fathers and guaranteed to us by over two centuries of sacrifice by our men and women in the Armed Forces whom we daily recognize and honor; and

WHEREAS, Sections 1031 and 1032 (or any other wording as the bill is modified) of the 2011 United States Senate National Defense Authorization Act, Bill Number SB1867, as proposed, provide that in limited circumstances, an American citizen may be detained by our own United States government and by our Armed Forces, which detention could last, without trial until the end of the hostilities currently authorized by the Authorization for Use of Military Force; and

WHEREAS, Sections 1031 and 1032 (or any other wording as the bill is modified)of the National Defense Authorization Bill, SB 1867, jeopardize the fundamental rights of American citizens to remain free from detention without due process and the right to habeas corpus in direct contravention of the guarantees of the Bill of Rights and the United States and Colorado Constitutions; and

WHEREAS, it is indisputable that the threat of homeland and international terrorism is both real and viable, and that the full force of appropriate and constitutional law must be used to defeat this threat so that terror never wins; however, winning the war against terror cannot come at the great expense of mitigating basic, fundamental, constitutional rights using rules, laws, regulations, bill language or executive orders; and

WHEREAS, the Board of County Commissioners of El Paso County, Colorado, wholeheartedly supports the United States military and dutifully recognizes the importance the National Defense Authorization Act, SB1867, as an appropriations bill and as a bill necessary to support the efforts of our military to both serve and protect the people of this great Nation with the exclusion of sections 1021 and 1032; and

WHEREAS, undermining our own Constitutional rights serves only to concede to the terrorists’ demands of changing the fabric of what made the United States of America a country of freedom, liberty and opportunity; and

WHEREAS, the Board of County Commissioners of El Paso County, Colorado, opposes any and all rules, laws, regulations , bill language or executive orders, which amount to an overreach of the federal government and which effectively take away civil liberties; and

WHEREAS, the El Paso County Sheriff’s Office is in agreement with this resolution and the goals and purposes herein stated and agrees to undertake all appropriate efforts to protect the constitutional rights of all citizens; and

BE IT RESOLVED, the Board of County Commissioners of El Paso County, Colorado, is in opposition to Sections 1031 and 1032

of the United States Senate National Defense Authorization Act, and does hereby support the Colorado

Constitution and the Constitution of the United States of America and all the freedoms and guarantees as guaranteed by our Founding Fathers and as provided by the brave efforts of the members of our Armed Forces

DONE THIS ___ day of December, 2011, at Colorado Springs, Colorado.




Amy Lathen, Chair


Sallie Clark, Vice Chair


Dennis Hisey, Member


Darryl Glenn, Member


Peggy Littleton, Member



Wayne W. Williams, County Clerk and Recorder


What you can do right now for the Constitution and your Liberty

From the Tenth Amendment Center http://tenthamendmentcenter.com/2012/01/11/what-you-can-do-right-now-for-the-constitution-and-your-liberty/#more-11241

What you can do right now for the Constitution and your Liberty

Podcast: Play in new window | Download (Duration: 9:16 — 8.5MB)

by Michael Boldin

From mandates to milk. From weed to war. And everything in between. Very little of what the federal government does is authorized by the Constitution.

While the Constitution is clear that the federal government is one of limited, delegated powers – in practice, without popular resistance, the federal government people do whatever they please. They tell us we have to buy a health insurance plan, what size toilet we can have, and what kind of light bulbs we can buy.  They read your emails, listen to your phone calls, monitor your bank accounts – and even claim the power to arrest and detain you indefinitely, without due process.

For far too long, the United States Federal Government has deployed troops to every corner of the world, waged offensive wars without a declaration by Congress, silenced and kidnapped its enemies, authorized the torture of prisoners, engaged in espionage, imposed crippling embargoes, pillaged our resources, taken our property, and destroyed our economy and our environment.

On top of it all, these government people tell us – the sovereign people – what IT has the legal authority to do, instead of the other way around.

And it hasn’t mattered what political party has been in power or what individual has occupied the White House.  Year in and year out – federal power always grows and your liberty is always worse off.

So for those of you who believe that the path to the Constitution and your liberty is not through the federal government – but instead through Jefferson, Madison…..and other state capitols around the country – here’s a few steps that you can take right now.

1.  Contact your state legislators right now.

With state legislative sessions getting underway all over the country, the time to put pressure on your state to nullify unconstitutional federal acts is now.  Not next year, and not sometime this summer.  Not next month or next week.  Today – not tomorrow – right now.

Think of one federal issue that’s extremely important to you.  Focus on just one right now.  Contact your state legislators and politely but firmly demand that they do what Thomas Jefferson and James Madison advised – stand up for the Constitution in your state today.  And it’s easy for them to do this – by introducing a bill rejecting a particular federal act

Let them know that they won’t be alone!  Over the past few years, legislators around the country have been introducing bills to reject federal acts on issues across the political spectrum.   Let them know that you’re watching what they do this year, and that while you recognize they have many legislative ideas on deck already, that you expect them to take action on at least one thing to push back against Washington DC.

Let them know that you can get them help with model legislation and even with talking points  Let them know that we have proof that when enough people and enough states stand up and say NO to Washington DC, there’s not much the feds can do to force their unconstitutional federal laws, regulations and mandates down our throats.

And when you get responses by phone, mail or email – make sure to let us know about it here at the Tenth Amendment Center – info@tenthamendmentcenter.com.

2.  Educate your friends and family

Share as much of this information as possible with friends, family, people you meet who express an interest in limiting federal power.  Some of the most important articles and pages to send to others include:

Thomas Jefferson’s Other Declaration – by Derek Sheriff
The States’ Rights Tradition Nobody Knows – by Tom Woods
The Untold History of Nullification: Resisting Slavery – by Derek Sheriff
The Tenth Amendment Center’s legislative tracking page
Model Legislation from the TAC – to recommend bills for introduction in your state

3. Disobey.  Seriously.

Whether it was the stamp act in the 1760s or the fugitive slave act in the 1850s, to nullify requires people defying government edicts. In the spirit of Thoreau, Martin Luther King, Rosa Parks, and Samuel Adams – when enough people say NO, change can and will happen.   So that’s why step # 3 is to Disobey….Seriously.

Now I’m not recommending that you go out and just start defying every law in existence.  With resistance comes risk – and it’s your choice as to just how much risk you’re willing to take.  And whether that risk is small or great, every bit is essential.

For decades, courageous pot smokers have been defying every law imaginable – on possession, cultivation, commerce and more.  They’ve defied Congress, the Executive Branch the DEA and even the Supreme Court.  And today, because so many people decided that they would make their own decisions about whether or not they could use a naturally-occurring plant – there are now 15 states that have backed them up by passing laws allowing such use.

I’ve asked this question in speeches around the country, and ask it again tonight – when the feds try to enforce a law restricting your right to keep and bear arms, or requiring you to purchase a particular health insurance plan – will you have as much courage as the pot smokers?

4.  Rinse and Repeat

Doing these three steps once and going back to Facebook to look at some food pictures isn’t going to get the job done.  With that, step #4 is simple – rinse and repeat.  Within reason, these steps should become part of your life.  Find time every week to do something – anything – that helps our growing movement succeed in nullifying every unconstitutional federal act.

5.  A bonus action item for you – Join the TAC Team

If you really want to get active, here’s a bonus action item for you.  Consider joining the Tenth Amendment Center team by applying for a role in our state and local coordinator program.   You can do that online atwww.tenthamendmentcenter.com/local-coordinators/


With an unconstitutional growth of federal power that’s happened for over a 100 years – and seriously accelerated in the last ten – sometimes it’s hard to focus on just what should be done.

Become a member and support the TAC!

These four steps are something that you can do in less than one hour each week.  And while that may not seem like a lot to you, you can always do more too.  But, a little something every week from thousands of people WILL make a difference.  Everyone in our growing Tenther community is extremely grateful for you doing your part for liberty.

In closing, there’s no better way to sum this up than with the words of Samuel Adams – “It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people’s minds”

NOTE: The preceding was recorded at the close of Tenther Radio Episode 30. The show airs live online every Wednesday at 5pm Pacific Time here. Find us oniTunes at this link.

Michael Boldin [send him email] is the founder of the Tenth Amendment Center. He was raised in Milwaukee, WI, and currently resides in Los Angeles, CA. Follow him on twitter – @michaelboldin – and visit his personal blog – www.michaelboldin.com