Texas Lawmakers Seek To Nullify NDAA Indefinite Detentions, Criminalize TSA Searches

The Federal Government has taken the power to indefinitely detain, without trial, American citizens under suspicion of being terrorists.

The Department of Homeland Security has established the use of screening techniques that violate passengers’ protection against illegal searches under the Fourth Amendment of the U.S. Constitution.

This week two bills were submitted in Austin, Texas by Republican state lawmakers, which would counteract the excessive use of power by the federal government, via Nullification.

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Republican Rep. David Simpson filed bill HB 80 to address abuses by the TSA, where it would be unlawful if an airport screener:

  • Touches the anus, breast, buttocks, or sexual organ of the other person, including touching through clothing;
  • Removes a child younger than 18 years of age from the physical custody or control of a parent or guardian of the child or a person standing in the stead of a parent or guardian of the child;
  • Harasses, delays, coerces, threatens, intimidates, or effectively denies or conditions access to the other person because of the other person’s refusal to consent to the actions mentioned above.

Republican Rep. Lyle Larson filed measure HB 149, also called “Texas Liberty Preservation Act”, that would nullify Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 for being inimical to the liberty, security, and well-being of the citizens of the State of Texas by violating:

  • The Texas Constitution;
  • The limits of federal power authorized by the United States Constitution;
  • The legal doctrine of Posse Comitatus by authorizing the armed forces of the United States to police the United States; and
  • The following provisions of the United States Constitution:
    • ensuring the right to seek a habeas corpus; 
    • the First Amendment (ensuring the right to petition the federal government for the redress of grievances);
    • the Fourth Amendment (ensuring the right to be free from unreasonable search and seizure);
    • the Fifth Amendment (requiring capital or infamous crimes to be brought before a grand jury before charging the defendant and prohibiting deprivation of life, liberty, or property without due process of law);
    • the Sixth Amendment (ensuring the right to a speedy trial by an impartial jury in the state or district where the offense was alleged to have been committed, the right to be informed of the nature and cause of accusations and charges levied, the right to retain legal counsel, and the right to confront witnesses);
    • the Eighth Amendment (prohibiting excessive bail and fines and prohibiting cruel and unusual punishment); and
    • the Fourteenth Amendment (prohibiting deprivation of life, liberty, or property without due process of law); and the enforcement of those actions, are illegal within the state of Texas.

Thomas Jefferson said “When the federal government takes unconstitutional powers, nullification is the rightful remedy”. It is important that our lawmakers use the power vested in them by their constituents to stop the continuous attack on our civil liberties and limit the power of the federal government.


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