Written by Texas representative Lyle Larson, the Texas Liberty Preservation Act says that “…Texas 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 within the legal boundaries of the state of Texas.”


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Incorporated into the NDAA at the demand of Barack Obama, these sections allow the president “…to indefinitely detain, without charge, persons including United States citizens and lawful resident aliens, whether or not they are captured within the confines of the United States.”  That is, anyone Barack Obama considers a terror threat to the United States or the American public may–at his sole discretion and direction–be rounded up and incarcerated by members of the U.S. military.

The NDAA not only authorizes this exercise of police powers on American soil by the U.S. military; it allows the president to detain “until the end of hostilities” anyone he believes to have “substantially supported” al Qaeda, the Taliban, or “associated forces.”  Those subjected to this arbitrary exercise of presidential power would face an indefinite period of imprisonment with no right of habeas corpus, no right to trial, no right to present proof of innocence, and no method of appeal. It makes for an utter abrogation of constitutional protections.

But State Representative Larson will have none of it as he seeks to shield the people of Texas from a law that Republicans in the U.S. Congress could not wait to pass.  “Sections 1021 and 1022 of the National Defense Authorization Act of 2012 are in direct contravention to the limits of federal power as stated in Article 1, Section 8 of the United States Constitution and are in violation of the Texas constitution,” writes Larson in his Act.

The prospective Texas law relies for its authority and legitimacy on the 10th Amendment to the U.S. Constitution. “The Tenth Amendment…provides the United States federal government authorization to exercise only those powers delegated to it in the Constitution (Article 1, Section Eight) and nothing more,” writes Larson. And the NDAA was in no way created according to “…[the] powers delegated to [congress]   in the Constitution.”

In April, Virginia passed HB 1160, making it illegal for anyone to accommodate the NDAA in that state. And as of November 19th, 16 states have refused to permit the creation of ObamaCare exchanges within their borders. With the corrupt, Marxist Obama administration in charge in Washington DC and the weak-kneed Republican Party a thoroughly undependable champion of individual liberty, it will be up to Republican-run state legislatures and non-RINO Governors to halt the progress of the imperial presidency.

The American public must make their voices heard at the state level on every important issue.

Photo credit: watchingfrogsboil (Creative Commons)

The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by WesternJournalism.com.


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