Pennsylvania… Elk County Takes First Step In Nullifying NDAA

 

pennsylvania-elk-county

Prompted by citizens concerned over one of the federal government’s
latest oversteps, the county commissioners in Elk County, Pennsylvania
voted unanimously in favor of a resolution opposing sections of the
National Defense Authorization Act of 2012… Joel Poindexter

Shortly after the president signed the act into law, members of the
local Tea Party addressed the county commissioners in a January 17th
meeting, calling for the adoption of a resolution on behalf of the
county’s residents.

Blaise Dornisch, a member of the Elk County Tea
Party, brought to the attention of the board sections of the act which
expand the executive’s power to detain indefinitely U.S. citizens
suspected of terrorism. The board promised to consider the issue and the
meeting was closed.

At the following meeting, Resolution No. 2012-03
was unanimously adopted by the bi-partisan commission. Titled “To
Preserve Habeas Corpus And Civil Liberties,” the resolution invokes both
the Pennsylvania and U.S. Constitutions to defend the rights of county
residents.

The commissioners found that Sections 1021 and 1022
“jeopardize the fundamental rights of American citizens to remain free
from detention without due process and the right to habeas corpus….”

They further declare that such an act is “in direct contravention of the
guarantees of the Bill of Rights of the United States and Pennsylvania
Constitutions.”

On its own, this resolution from a small county in Pennsylvania holds
little weight. However, the county Sheriff’s department is in
agreement, and has promised to support the resolution and “protect the
constitutional rights of all citizens.”

This is perhaps the biggest part of the story –  a county Sheriff has
all but pledged to interpose on behalf of the citizenry. That a local
governmental body has chosen to decide the constitutionality of a
federal law is no small matter either.

This is precisely the spirit of
nullification: state and local organizations are refusing to wait on a
(historically subservient) judiciary to rubber stamp laws which violate
the rights of individuals.

Elk County is the 11th local government to have passed such
legislation. Eleven states are considering similar resolutions and laws
as well.

Track the progress of all the NDAA nullification campaigns nationwide, click HERE.

For sample NDAA nullification legislation, the Liberty Preservation Act, click HERE.

 

Joel Poindexter – April 5, 2012 – TenthAmendmentCenter

 

Joel Poindexter is a student working toward a degree in
economics. His writing has been published by the Ludwig von Mises
Institute, LewRockwell.com and the Tenth Amendment Center. He lives with
his wife and daughter near Kansas City. See his blog. Send him mail.

 

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