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South Carolina “NDAA Nullification Act” Passes Senate Committee, 14-6

By on February 13, 2013

by Tenth Amendment

South Carolina State Senator Tom Davis, last fall, prefiled Senate Bill 92 (S.92), the “NDAA Nullification Act of 2013.” The bill states, in part: “The enactment into law by the United States Congress of Section 1021 and 1022 of the National Defense Authorization Act of 2012, P.L 112-81, is a direct threat to the liberty, security, and well being of the people of South Carolina, and was adopted by the United States Congress in violation of the limits of federal power provided in the United States Constitution.”

It requires all State agents and agencies to refuse compliance with the unconstitutionally-claimed federal power to detain without due process:

No agency of the State, agency of a political subdivision of the State, officer or employee of the State, officer or employee of a political subdivision of the State, acting in his official capacity, to include any member of the South Carolina Military Department on official duty, or employees of any state or local detention facility may engage in any activity that aids an agency of the armed forces of the United States in execution of 50 U.S.C. 1541, as provided by the National Defense Authorization Act for Fiscal Year 2012, in the investigation, prosecution, or detainment of any citizen of the United States in violation of Section 3, Article I, and Section 14, Article I of the South Carolina Constitution.”

Today, Jesse Graston, state field coordinator for JBS reports via inside sources that the Senate Judiciary Committee passed the bill by a vote of 14-6. An amendment to the bill was approved as well. The amendment listed multiple sections of both the federal and state constitutions that the indefinite detention provisions of the NDAA violates.

Next up for the bill is a full floor debate and vote in the South Carolina Senate. Upon passage there, the bill would move to the House for concurrence.

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