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Fightback

The benefits to be gained from operating within a strong federal system.

Maryland has almost become a political subdivision of the NSA,” Tenth Amendment Center Executive Director Michael Boldin said in a statement. “The agency relies heavily on state and local help. This bill bans all of it.”

House Bill 1074 (HB1074) would ban the NSA facility from all public state utilities, ban the use of NSA collected evidence in court, ban universities from partnering with the NSA and ban all political subdivisions from assisting the NSA from within the state.

Any state entity, employee or contractor refusing to comply with the law would be immediately fired and banned from all future contracts within the state.

How the final paragraph punishing independent contractors can be reconciled with a belief in free association is somewhat moot, but otherwise the state is free to disallow all state owned and financed bodies from associating with or supporting the NSA as it sees fit.

4 Comments

  1. RAB says:

    Good for Maryland. Now if New York state could give the United Nations its marching orders, we’d finally be getting somewhere.

  2. John Galt says:

    I vaguely recall that the UN is covered by a special piece of federal legislation called The United Nations Headquarters Agreement Act from 1947 which grants it certain extraterritorial privileges. Although they acknowledge local jurisdiction (New York State and New York City) to support police and fire provision, they are not legally bound to do so.

  3. RAB says:

    The old Diplomatic immunity eh? Fuck ‘em. Cut off the funding, the power and the gas and let them move it to Mogadishu. If you want to play Third World politics, do it in a Third World country. I bet the restaurants would improve overnight at least ;-)

  4. John Galt says:

    Nope RAB, somewhat different actually and if anything it is a British invention.

    The land which the UN Headquarters sits on is the extraterritorial sovereign property of the United Nations, it is no different than the position of British Treaty ports across the world during the 19th Century or that of the British Overseas territory of “Akrotiri and Dhekelia” in Cyprus.

    If either New York City or New York State were to behave in the way you describe, then the US Federal Government would be forced to intervene under either federal law or using the sovereign powers which still reside within the executive branch of the US government.

    It should be recognized that it is exactly this sort of political conflict between the differing arms of local and national government that starts Civil Wars. Indeed the idea that a state can pass legislation to frustrate federal institutions is arguably an act of secession (albeit very limited)

    Under section 8 of the United Nations Headquarters Act 1947, the UN itself can decide whether federal, state or local law or regulation of the United States is incompatible with the United Nations or not and if so, supersede it with its own regulations.

    The United Nations shall have the power to make regulations, operative within the headquarters district, for the purpose of establishing therein conditions in all respects necessary for the full execution of its functions. No federal, state or local law or regulation of the United States which is inconsistent with a regulation of the United Nations authorized by this section shall, to the extent of such inconsistency, be applicable within the headquarters district. Any dispute, between the United Nations and the United States, as to whether a regulation of the United Nations is authorized by this section or as to whether a federal, state or local law or regulation is inconsistent with any regulation of the United Nations authorized by this section, shall be promptly settled as provided in Section 21. Pending such settlement, the regulation of the United Nations shall apply, and the federal, state or local law or regulation shall be inapplicable in the headquarters district to the extent that the United Nations claims it to be inconsistent with the regulation of the United Nations. This section shall not prevent the reasonable application of fire protection regulations of the appropriate American authorities.

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