The Posse Comitatus Act of 1878 forbids the use of the military in domestic law enforcement. That means that you cannot be detained, tortured or killed by the military of the United States – if you are suspected of wrong-doing, local law enforcement must go through the State’s constitutional procedures of finding, arresting, and punishing you.
Section 1021 of the National Defense Authorization Act (NDAA) basically nullifies this law, as it states that “belligerent acts” are a potential reason to be detained indefinitely and “covered persons” could generally mean any American citizen in the United States. What exactly is a belligerent act? And if they wanted to protect American citizens – why didn’t they have a clause specifically stating that NO American citizen would ever be taken and detained indefinitely without due process and without the right to trial?
The fact is that if they (the Republicans, the Democrats, the Representatives (or better-said Politicians) had a chance to stand up for you – and they did not. For the most part, our three federal branches of government have not “stood up” for the American people’s individual liberties for a long time. And that’s okay, because our rights come from our Creator – and the first and most important level of government that we have given some responsibilities to are our States and the counties that make up those states.
County sheriffs are elected by the people. They are the highest law of the land. Back in the 11th Century, the King used to appoint a representative (called a “reeve”) to keep peace amongst the land (peace, or domestic tranquility was called “shire”). Hence the sheriff (shire-reeve). In the united States of America, county sheriffs are elected by the people they serve – they are not appointed by anyone, including a King or a bureaucrat. The sheriff reports directly to the people – they are accountable to the people they serve and they are charged with upholding the Constitution. The sheriff has the power to call on the militia (that is you and me). And when the federal government gets out of control, the sheriff is the last line of defense in protecting the American people.
We have great reason for celebration across the country because individuals, county officials, county sheriffs, and state officials are telling the federal government to leave their citizens alone and preserve due process.
Colorado – El Paso County (622,263 Citizens)
Peggy Littleton, County Commissioner, stood up to the unconstitutionality of the verbiage in the NDAA by introducing a resolution to nullify section 1021 and would basically “reinstate” habeas corpus, due process, and the right to trial for citizens of El Paso County. This resolution was passed and signed by the County Commissioners with support from the El Paso County Sheriff’s office. [SOURCE: http://www.csindy.com/IndyBlog/archives/2011/12/16/el-paso-county-resolution-on-due-process-passes]
Montana (974,989 Citizens)
William Crain, and Steward Rhodes (founder of Oathkeepers) are working on recalling the representatives who voted for the bill (Max Baucus (D) and Jonathon Tester (D) Denny Rehberg (R)). Rhodes says “These politicians from both parties betrayed our trust, and violated the oath they took to defend the Constitution. It’s not about the left or right; it’s about our Bill of Rights. Without the Bill of Rights, there is no America. It is the Crown Jewel of our Constitution, and the high-water mark of Western Civilization.”[SOURCE: http://www.thenewamerican.com/usnews/constitution/10650-montana-launches-recall-efforts-against-ndaa-supporters]
The other states besides Montana that have the constitutional provisions to recall their sitting elected members of the congressional delegation (including such a reason as violation of their oath of office include: Arizona, Colorado, Louisiana, Michigan, Nevada, North Dakota, Oregon, Wisconsin, New Jersey,
Rhode Island (1,053,209 Citizens)
Rhode Island Senator, Daniel Gordon, also introduced a resolution that is making its way through the Rhode Island State House. SOURCE: http://thenewamerican.com/usnews/congress/10558-one-lonely-state-representative-opposes-indefinite-detention Gordon stated, “Given the fact that the constitutions of Rhode Island and that of the United States are replete with guarantees of individual liberties, right to habeas corpus, and right to freedom of speech, the offending sections of [the NDAA] are repugnant to the sensibilities of anyone [who] has a basic understanding of the foundation of this country. When I took the oath of office, I swore that I would support the constitutions of Rhode Island and the United States. And before one constituent of mine is snatched up in the dead of night, without due process under our laws, they’ll have to pry those documents from my cold dead hands.”
Ohio – Bowling Green (29636 Citizens)
Young Americans for Liberty (YAL) and the Bowling Green State University (BGSU) Committee for Repealing the NDAA are working on a local city council in Bowling Green, Ohio. Dan Johnson, a student at BGSU who is spearheading the effort is working on organizing at least 150 students and residents to attend up-coming city council meetings.
Virginia (7078515 Citizens)
Virginia Delegate Bob Marshall (R) introduced House Bill 1160 to prevent Virginia law enforcement officials from enforcing the unconstitutional language of the NDAA. Verbiage in this bill “piggybacks” the ruling by the United States Supreme Court that invalidated part of the Brady Law and illustrated that “under our system of federalism, a state can’t, against its will, be turned into a “go-fer” to enforce a federal law enforcement regulatory scheme”. [SOURCE: http://americanvisionnews.com/1548/va-bill-to-nullify-ndaa-indefinite-detention-of-us-citizens]
Washington (6,664,195 Citizens)
Five Washington state representatives introduced a bill in the Washington State House that “condemns the unlawful detention of United States citizens and lawful resident aliens under the National Defense Authorization Act, and forbids “any state employee, member of the Washington National Guard or any agent of a corporation doing business with the state” to cooperate in the federal detainment or investigation of a U.S. citizen or resident alien” [SOURCE: http://blog.tenthamendmentcenter.com/2012/01/washington-state-legislators-introduce-ndaa-nullification-bill/] The five representatives are: Jason Overstreet (R-Blaine), Matt Shea (R- Spokane Valley), Vincent Buys (R-Lynden), Cary Condotta (R- East Wenatchee) and David Taylor (R-Moxee).
County Sheriffs Across the Country
And on January 30th, 2012, around 100 sheriffs from around the country came to a presentation by an eclectic line-up of speakers to learn about their role and duties as sheriffs and the importance of them understanding their jurisdiction when it comes to upholding the oath to the Constitution and protecting the American people. These sheriffs represent thousands and thousands of American citizens who may be afforded constitutional protection under their elected representatives – the county sheriff.
If 5% of the population was able to participate and win in the American Revolution that first made this country free, then that means we just need about 15.4 million people (of the 307 million) to step up and enforce our individual liberties and the Constitution. If each of these examples listed above affects the number of people that are in their states and/or counties – and if these people who live in these states, cities, and counties participate in protecting our own American citizens from unconstitutional acts of government, then we have already topped the number we need at 16,422,807 citizens. Of course, these people actually need to be activated – but the intention and movement is there. Today is a very good day for liberty.