New Hampshire Lawmakers Hopeful to Nullify NDAA Indefinite Detention

Two years ago when President Obama signed the National Defense Authorization Act (NDAA) into law, civil libertarians were put to the test in terms of government overstep. Of course, indefinite detention provisions that allow the military to detain any American without trial were included in the 2012 NDAA package. Libertarians have taken their work at combating what they believe is totalitarianism to the state level.

Backed by civil libertarian advocacy groups, dozens of state lawmakers have not only started the process of introducing anti-indefinite detention legislation to their bodies, but have also began changing government power conversation, completely. The most recent legislator to embrace anti-indefinite detention legislation is Timothy O’Flaherty of New Hampshire. Other legislators, both Republican and Democrat, have also sponsored it.

The Liberty Preservation Act, prescribed by the Tenth Amendment Center (TAC), would nullify federal provisions pertaining to NDAA detention in the “Live Free or Die” state.

Specifically, the legislation reads: “No New Hampshire agency, political subdivision, or employee of either acting in his or her official capacity, and no member of the New Hampshire national guard when such member is serving in the national guard, may knowingly engage in any activity that aids an agency of or the armed forces of the United States in the execution of 50 U.S.C. section 1541 as provided by the National Defense Authorization Act for Fiscal Year 2012, Public Law 112-18, section 1021 or any other similar law, order or regulation.”

Once back in session on January 8th, the House Committee on State-Federal Relations and Veterans Affairs will debate and hear further arguments for the passage of O’Flaherty’s bill. New Hampshire hasn’t been the only state in the past year to introduce anti-indefinite detention legislation. Other states include California, Montana, Virginia and New York, to name a few, where some have failed and others have passed into law.