Arizona says NDAA is illegal, and here's why...

[armoredman]

It's a Senate Concurrent Resolution, no real power behind it, but it's a start. Now lets get other to do this, or move in the right direction. This link is to the photocopy of the actual signed filing, the exact same one as transmitted to all 435 Members of Congress and Dear Leader.

http://www.azsos.gov/public_services...n/SCR_1011.pdf

I hope we give him heartburn.

[raven818]

Ya know why I hate to see all this type legislation coming out of Arizona? Because they're the only ones doing what needs to be done.

Memory serving though, no state can pass laws in contradiction to federal laws.

[armoredman]

Actually, I'd say a state can pass a law in contradiction to a federal law, when the federal law has no force of law, being unconstitutional. Yes, a VERY big can of worms to open. But...we just went there...

IF SHE'LL SIGN IT!

SB1182, 2012 NDAA act; governmental compliance.

SENATE BILL 1182



AN ACT

AMENDING TITLE 41, ARIZONA REVISED STATUTES, BY ADDING CHAPTER 51; RELATING TO THE NATIONAL DEFENSE AUTHORIZATION ACT OF 2012.


(TEXT OF BILL BEGINS ON NEXT PAGE)



Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, Arizona Revised Statutes, is amended by adding chapter 51, to read:
CHAPTER 51
GOVERNMENTAL COMPLIANCE WITH THE
NATIONAL DEFENSE AUTHORIZATION ACT OF 2012
ARTICLE 1. GENERAL PROVISIONS
41-5050. National defense authorization act of 2012; prohibited acts; violation; classification
A. THIS STATE AND ANY AGENCY OF THIS STATE SHALL NOT PROVIDE MATERIAL SUPPORT OR PARTICIPATE IN ANY WAY WITH THE IMPLEMENTATION OF SECTIONS 1021 AND 1022 OF THE NATIONAL DEFENSE AUTHORIZATION ACT OF 2012, PUBLIC LAW 112‑81, AGAINST ANY CITIZEN OF THE UNITED STATES.
B. THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY OR A SHERIFF OF THE COUNTY SHALL REPORT TO THE GOVERNOR AND THE LEGISLATURE ANY ATTEMPT BY AGENCIES OR AGENTS OF THE FEDERAL GOVERNMENT TO SECURE THE IMPLEMENTATION OF SECTIONS 1021 AND 1022 OF THE NATIONAL DEFENSE AUTHORIZATION ACT, 2011 PUBLIC LAW 112-81 THROUGH THE OPERATIONS OF THAT OR ANY OTHER STATE DEPARTMENT.
C. ANY PUBLIC OFFICER, EMPLOYEE OR AGENT OF THIS STATE OR ANY EMPLOYEE OF A CORPORATION WHO PROVIDES SERVICES TO THIS STATE AND WHO ENFORCES OR ATTEMPTS TO ENFORCE AN ACT, ORDER, LAW, STATUTE, RULE OR REGULATION OF THE UNITED STATES IN VIOLATION OF THIS SECTION IS GUILTY OF A CLASS 1 MISDEMEANOR.
Sec. 2. Findings
A. 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 is inimical to the liberty, security and well-being of the people of Arizona and that those sections were adopted by Congress in violation of the limits of federal power in the United States Constitution.
B. The Legislature further finds that sections 1021 and 1022 of the National Defense Authorization Act of 2012, as they purport to authorize the detainment of persons who are citizens of the United States and captured within the United States without charge or trial, military tribunals for persons captured within the United States who are citizens of the United States and the transfer of persons who are citizens of the United States and who are captured within the United States to foreign jurisdictions, violate the following rights enshrined in the Constitution of the United States:
1. Article I, section 9, clause 2 relating to the right to seek a writ of habeas corpus.
2. The First Amendment right to petition the government for a redress of grievances.
3. The Fourth Amendment right to be free from unreasonable searches and seizures.
4. The Fifth Amendment right to be free from charge for an infamous or capitol crime until presentment or indictment by a grand jury.
5. The Fifth Amendment right to be free from deprivation of life, liberty or property without due process of law.
6. The Sixth Amendment right in criminal prosecutions to enjoy a speedy trial by an impartial jury in the state and district where the crime was allegedly committed.
7. The Sixth Amendment right to be informed of the nature and cause of the accusation.
8. The Sixth Amendment right to confront witnesses.
9. The Sixth Amendment right to counsel.
10. The Eighth Amendment right to be free from excessive bail and fines, and cruel and unusual punishment.
11. The Fourteenth Amendment right to be free from deprivation of life, liberty or property without due process of law.
Sec. 3. Short title
This act may be cited as the "Liberty Preservation Act".

I hope she'll sign it, and I sent in my e-mail, but after she vetoed some of the others, I don't know.

[22WRF]

Ya know why I hate to see all this type legislation coming out of Arizona? Because they're the only ones doing what needs to be done.

Not the only ones, Alabama immigration law is tougher then Arizona

[LyleLovett666]

Arizona seems to have found some of the spine that the rest of the states are missing.

[jedwil]

Originally Posted by LyleLovett666

Arizona seems to have found some of the spine that the rest of the states are missing.

So true. And I applaud the legislators for the message they have the courage to send to Dc. God bless and save the Republic.