As the National Defense Authorization Act 2014 heads to Obama’s desk as an even more draconian piece of legislation than it was previously, states have taken notice and are beginning to intensify their efforts to nullify it.
New Hampshire has now taken a critical step toward nullification with the introduction of their bill HB1279, scheduled to be formally presented on January 8th, 2014.
New Hampshire’s bill has bipartisan support among its five sponsors, and is based on the model legislation of The Tenth Amendment Center. While other states like Michigan have offered some opposition contained in their legislation, many lack the thorough resistance being proposed by the “Live Free or Die” state of New Hampshire.
The following analysis introduces the bill:
This bill prohibits the state, political subdivisions, and the national guard from participating in enforcement of the counterterrorism detainment provisions of the 2012 National Defense Authorization Act.
PROTECTION FROM MILITARY ACTION
642:1 Protection Against Military Action Within New Hampshire. Notwithstanding any provision of law to the contrary, no New Hampshire agency, political subdivision, or employee of either acting in his or her official capacity, and no member of the New Hampshire national guard when such member is serving in the national guard, may knowingly engage in any activity that aids an agency of or the armed forces of the United States in the execution of 50 U.S.C. section 1541 as provided by the National Defense Authorization Act for Fiscal Year 2012, Public Law 112-18, section 1021, or any other similar law, order or regulation, in the investigation, arrest, detention, extra-judicial transfer to foreign jurisdictions or entities, military tribunal or trial, of any person within the United States. Nothing herein shall be interpreted to prevent cooperation with federal civilian authorities not acting pursuant to 50 U.S.C. section 1541, as provided by the National Defense Authorization Act for Fiscal Year 2012, Public Law 112-18, section 1021, or any other similar law, order, or regulation.
Effective Date. This act shall take effect January 1, 2015.
This type of legislation is essential, as it prohibits the much-needed local cooperation required by such federal dictates as the NDAA. It also closes the gaps left in other states’ legislation.