State of Virginia nullifies National Defense Authorization Act in 96-4 voteCorruption, World news Friday, April 13th, 2012
The Virginia House of Delegates has voted in favor of House Bill 1160 (HB1160), legislation that codifies in Virginia law noncompliance with the “kidnapping provisions” of section 1021 and 1022 of the National Defense Authorization Act of 2012 (NDAA). The final vote, held on February 14, was 96-4.
The bill was sponsored by Delegate Bob Marshall and was introduced on January 16th of this year. Virginia Governor Bob McDonnell, the 71st Governor of Virginia since January 16, 2010 is on record as opposing the legislation. A former lieutenant colonel in the United States Army, McDonnell served in the Virginia House of Delegates from 1993 to 2006 and served as Attorney General of Virginia from 2006 to 2009. He currently serves as chairman of the Republican Governors Association.
HB 1160 reads as follows: “A BILL to prevent any agency, political subdivision, employee, or member of the military of Virginia from assisting an agency of the armed forces of the United States in the conduct of the investigation, prosecution, or detention of a citizen in violation of the United States Constitution, the Constitution of Virginia, or any Virginia law or regulation.”
Passing the legislation demonstrates the power of local grassroots activism. A number of groups opposed to the federal NDAA bill petitioned the government in Virginia and motivated a Sub-Committee #2 Civil vote followed by a vote of 16-0 by the Courts of Justice Committee which led to the passage of Bob Marshall’s final bill earlier this week.
“Under the recently passed 2012 federal Defense Authorization Act American citizens may be indefinitely detained, incarcerated, not presented with charges and denied counsel based on an accusation by federal agents of collaboration with or support of terrorists,” Marshall told theTenth Amendment Center. “While Virginia cannot directly undo this purported law which undermines the Sixth Amendment, I introduced HB 1160 which will prevent the use of any Virginia agency or member of the Virginia National Guard or Virginia Defense Force to assist in any way to unlawfully detain a citizen of Virginia on behalf of the United States Government in violation of the Constitution of Virginia.”
The legislation “is inimical to the liberty, security and well-being of the people,” the Tenth Amendment Center states, “and was adopted by the United States Congress in violation of the limits of federal power in United States Constitution.”