An Act To Prohibit Enforcement by a Federal or State Official or Others of the National Defense Authorization Act For Fiscal Year
Maine Legislature, Session 126, LD 1054
Committee: Criminal Justice and Public Safety
Sponsors: LIBBY, CHIPMAN, GOODE, HARVELL, RUSSELL, SANDERSON, SHAW, SIROCKI

Legislative Document 
No. 1054 
H.P. 747 
House of Representatives, March 19, 2013 
An Act To Prohibit Enforcement by a Federal or State Official or 
Others of the National Defense Authorization Act For Fiscal Year 
2012 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative LIBBY of Waterboro. 
Cosponsored by Representatives: CHIPMAN of Portland, GOODE of Bangor, HARVELL of 
Farmington, McCLELLAN of Raymond, RUSSELL of Portland, SANDERSON of Chelsea, 
SHAW of Standish, SIROCKI of Scarborough. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  37-B MRSA c. 27 is enacted to read: 
CHAPTER 27 
PROHIBITION AGAINST ENFORCEMENT OF THE NATIONAL DEFENSE 
AUTHORIZATION ACT 
§1171.  Findings 
The Legislature finds that: 
1.  Tenth Amendment.  The United States Constitution, Amendment X declares that 
the powers not delegated to the Federal Government by the United States Constitution, 
nor prohibited by it to the states, are reserved to the states respectively, or to the people; 
2.  Supremacy clause.  The United States Constitution, Article VI, Paragraph 2 
declares that the laws of the United States are the supreme law of the land if they are 
made in pursuance of the powers delegated to the Federal Government in the United 
States Constitution; 
3.  Habeas corpus.  The United States Constitution, Article 1, Section 9, Paragraph 2 
declares that the writ of habeas corpus shall not be suspended except in cases of rebellion 
or invasion when public safety may require suspension; 
4.  Right to trial.  The United States Constitution, Amendment VI declares that in 
criminal prosecutions the accused has the right to a speedy trial by an impartial jury in the 
state or district where the crime was committed, to be informed of the nature and cause of 
the accusation, to be confronted with the witnesses and to have assistance of counsel; 
5.  Due process of law.  The United States Constitution, Amendments V and XIV 
declare that the people may not be deprived of life, liberty or property without due 
process of law; 
6.  National Defense Authorization Act unconstitutional.  The National Defense 
Authorization Act For Fiscal Year 2012, Public Law 112-81, authorizing the President of 
the United States to arrest and detain noncitizens indefinitely without trial, to determine 
whether or not a trial and what type of trial, including under the law of war, will be held 
for an arrestee and to transfer an arrestee to a foreign jurisdiction, violates the true 
meaning and intent of the United States Constitution as specified in subsections 3 to 5; 
and 
7.  Duty of Legislature.  It is the duty of the Legislature to enact all measures that 
may be necessary to prevent the enforcement of any law or provision that violates the 
constitutional rights of a person within the boundaries of the State. 
§1172.  Prohibition and reporting 
1.  National Defense Authorization Act activities prohibited.  An activity 
authorized by the National Defense Authorization Act For Fiscal Year 2012, Public Law 
112-81, listed in section 1171, subsection 6, is prohibited within the boundaries of the 
State. 
2.  State may not support.  The State may not provide material support to or 
participate in the implementation of the National Defense Authorization Act For Fiscal 
Year 2012, Public Law 112-81. 
3.  Department of Public Safety to report.  The Department of Public Safety shall 
report to the Governor and Legislature any attempt by an agency or agent of the Federal 
Government to implement the National Defense Authorization Act For Fiscal Year 2012, 
Public Law 112-81 through the operation of any state department or agency. 
4.  Violation by federal official.  An official, agent or employee of the Federal 
Government or an employee of a corporation providing services to the Federal 
Government who enforces or attempts to enforce the National Defense Authorization Act 
For Fiscal Year 2012, Public Law 112-81 or any order, law, statute, rule or regulation of 
the Federal Government made in connection with the Act is guilty of a Class E crime. 
5.  Violation by state official.  An official, agent or employee of the State or an 
employee of a corporation providing services to State Government who enforces or 
attempts to enforce the National Defense Authorization Act For Fiscal Year 2012, Public 
Law 112-81 or any order, law, statute, rule or regulation of the Federal Government made 
in connection with the Act is guilty of a Class D crime. 
SUMMARY 
This bill expresses the findings of the Legislature that the National Defense 
Authorization Act For Fiscal Year 2012, authorizing the President of the United States to 
arrest, detain without charge, detain indefinitely, try under the laws of war or transfer to a 
foreign jurisdiction a noncitizen, violates the Constitution of the United States.  This bill: 
1.  Prohibits within the State the activities authorized by the Act that the Legislature 
finds unconstitutional; 
2.  Prohibits the State from providing material support to or participating in the 
implementation of provisions of the Act that the Legislature finds unconstitutional; 
3.  Requires the Department of Public Safety to report to the Governor and 
Legislature any attempt by an agency or agent of the Federal Government to implement 
the Act through the operation of any state department or agency; 
4.  Makes a federal official or employee of a corporation doing business with the 
Federal Government who enforces or attempts to enforce the unconstitutional provisions 
of the Act guilty of a Class E crime; and 
5.  Makes a state official or employee of a corporation doing business with the State 
who enforces or attempts to enforce the unconstitutional provisions of the Act guilty of a 
Class D crime.