Alaska Becomes Second State to Pass Nullification of Indefinite Detention

The Tenth Amendment Center

UNEAU, Alaska – Federal kidnapping in Alaska just got a lot harder.

Last Friday, Alaska Gov. Sean Parnell signed a sweeping nullification bill providing  broad protections against indefinite detention, violations of the Second Amendment and blocking implementation of a federal identification program in The Last Frontier.  

HB69 prohibits “state and municipal agencies from using assets to implement or aid in the implementation of the requirements of certain federal statutes, regulations, rules, and orders that are applied to infringe on a person’s right to bear arms or right to due process or that implement or aid in the implementation of the federal REAL ID Act of 2005.”

“The people of Alaska got a three-for-one in this bill. This is the most sweeping nullification legislation ever signed into law. The Alaska legislature, along with Gov. Parnell, obviously take Madison’s assertion that states are ‘duty bound, to interpose for arresting the progress of the evil’ seriously.” The new law will make violations of the Second Amendment and DC-sanctioned kidnapping nearly impossible in Alaska, and it throws yet another roadblock in the path of an unconstitutional national ID program. The people of Alaska should be proud of the courage shown by their representatives,” Tenth Amendment Center national communications director Mike Maharrey said.

The federal government depends on state resources to enforce its laws. By pulling the rug out from under the feds, and denying state and local assistance to federal agents, Alaska effectively nullified indefinite detention, along with unconstitutional federal firearms regulations. (You can read an in-depth analysis of the Second Amendment protections offered by HB69 HERE.)

Alaska becomes the second state to refuse cooperation with federal kidnapping under the National Defense Authorization Act, following Virginia’s lead last year. And the new law takes it a step further, protecting the people of Alaska from indefinite detention under any other purported federal authority past or present, such as the Authorization for Use of Military Force.

A state or municipal agency may not use or authorize the use of an asset to implement or aid in the implementation of a requirement of an order of the President of the United States, a federal regulation, or a law enacted by the United States Congress that is applied to deny a person a right to due process, or a protection of due process, that would otherwise be available to the person under the Constitution of the State of Alaska or the Constitution of the United States.

“A lot of Americans still don’t understand the threat these provisions of the NDAA represent. There is this ‘it can’t happen here’ mentality. But it has happened here. People who doubt the seriousness of this issue should go talk to some of the Japanese-Americans who spent Word War Two behind a barbed wire fences,” Maharrey said. “The president and most members of Congress keep telling us there is nothing to see here. But the administration continues to aggressively defend indefinite detention in federal court. If the power doesn’t exist, why in the hell are they so desperate to hold on to it?”

HB69 also continues the long history of state resistance to Pres. Bush’s REAL ID Act of 2005. Under the new law, Alaska will not provide any resources toward implementing the national identification program. State resistance to this act proved so effective, it still has not been fully implemented some eight years after passage.

“It’s 2013. REAL ID remains the law of the land. But the feds have not been able to get it implemented in eight years. They just keep pushing back the deadlines. Tell me again about how nullification doesn’t work,” Maharrey said.

http://blog.tenthamendmentcenter.com/2013/06/alaska-becomes-second-state-to-nullify-indefinite-detention/#.UcsJGvnqmSo