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South Carolina’s First Nullification Test



S.C. Sen. Tom Davis (R-Beaufort) is leading the fight to nullify federal statutes which authorize the indefinite detention of American citizens – a flagrant violation of our constitutional right to due process.

Davis’ legislation targets provisions of the National Defense Authorization Act (NDAA) of 2012 – which the administration of U.S. President Barack Obama is currently fighting to uphold in federal court.

Here’s the text of Davis’ legislation …

No agency of the State, officer or employee of this State, solely on official state duty, may engage in an 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, or any subsequent provision of this law in the 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.

The bill – which cleared the left-leaning State Senate by a 25-15 vote – is being praised by Tenth Amendment advocates.

“If enough states step up and simply refuse to cooperate with federal kidnapping, it will definitely throw up significant impediments and obstacles in (the federal government’s) way,” said a spokesman for the Tenth Amendment Center.

Indefinite detention was ruled unconstitutional last year by U.S. District Court judge Katherine Forrest Рwho issued an order enjoining the government from engaging in the practice. Unfortunately a federal appeals court struck down that ruling Рleaving the authorization in place.

Nullification has been a hot issue at the S.C. State House this year, with most of the attention focused on a bill by S.C. Rep. Bill Chumley targeting Obama’s socialized medicine law.

As noted previously, we have no problem with nullification … however we want to see lawmakers putting their money where their mouths are on fiscal issues (a.k.a. putting more of our money in our wallets and pocketbooks). To his credit Davis has done that, although he’s one of only a handful of lawmakers at the State House who can say that.


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