The biggest fear of America’s Founding Fathers was government tyranny. To that end, our Founders instituted many devices to check and prevent that tyranny, one of which is a federation of states where governing power is dispersed among the national and state authorities, instead of a centralized or unitary polity wherein the central government holds all power.
China and Japan are examples of unitary states wherein geographical political sub-units exercise power only to the extent allotted to them by the central government. Of course, what the center gives can also be withdrawn, at will.
In contrast, in the United States of America, the People are the source of government power to the central or federal government in Washington, D.C., as well as to the governments of the 50 constituent states. The governing power of the 50 states does not come from Washington, D.C.
Thank God for our Founding Fathers’ brilliance and foresight!
Last December, the abominable National Defense Authorization Act for Fiscal Year 2012 (NDAA) was approved by both political parties of both houses of Congress, and signed into law by Barack Hussein Obama. NDAA makes it lawful for the president and the military to arrest and indefinitely
detain imprison U.S. citizens without cause or trial.
Bob Unruh reports for WorldNetDaily, Feb. 8, 2012, that America’s state and local governments “in surging numbers” are fighting back. They are telling Washington they simply won’t cooperate with any plans to detain Americans the federal government may choose to describe as “belligerents.”
According to the Tenth Amendment Center, lawmakers in as many as 10 states have or are planning to introduce legislation or resolutions opposing/condemning the detention provisions in section 1021 and 1022 of the NDAA which suspend habeas corpus and civil liberties.
In Virginia, Robert “Bob” Marshall, a Republican member of the Virginia House of Delegates has introduced HB1160, which would prevent “any agency, political subdivision, employee, or member of the military of Virginia from assisting an agency or the armed forces of the United States in the investigation, prosecution, or detainment of a United States citizen in violation of the Constitution of Virginia.”
State and local governments that have drafted resolutions include state lawmakers of Rhode Island and Washington, and local officials of Colorado’s Fremont County and El Paso County.
Tenth Amendment Center executive director Michael Boldin commented that “federal politicians never seem to repeal federal law. It’s going to take ‘We the People’ in our states to stand up and say, ‘No!’ to this unconstitutional monster.”
Mike Maharrey, communications director for the Tenth Amendment Center, said the fight is shaping up like the conflict in the 1850s when northern states refused to cooperate with fugitive slave laws that required them to capture and return escaping slaves:
“It is clear to me, and I am far from alone in this view, that the detention provisions in the NDAA are vague, overbroad and open to interpretation. That leaves me to trust in the good character and moral clarity of Barack Obama, Rick Santorum or whoever happens to reside at the White House, to protect me and my fellow Americans from abuse of this power. No thanks. [During the latter days of slavery,] state and local governments in northern states stepped in and thwarted the enforcement of the Fugitive Slave Acts, which allowed the federal government to arrest and detain black people, and send them back into slavery with little or no due process. We laud these men and women as heroes. I have no doubt that history will prove equally kind to those standing up for the most basic rights of Americans today.”
The center already has developed model legislation that addresses the issue. It states:
“The Legislature finds that the enactment into law by the United States Congress of Sections 1021 and 1022 of the National Defense Authorization Act of 2012, Public Law Number 112-81, is inimical to the liberty, security and well-being of the people of (STATE), and was adopted by the United States Congress in violation of the limits of federal power in United States Constitution.”