Join Date: Nov 2008
Virginia senate passes NDAA nullification act HB1160
Final vote count. 39-1
Today, the Virginia Senate took a firm stand in support of liberty, the Constitution for the United States, and the Constitution of Virginia by voting in favor of House Bill 1160 (HB1160), the “NDAA Nullification Act.”
INTERNMENT: NEVER AGAIN
The bill’s primary sponsor, Delegate Bob Marshall, had this to say in support:
“During World War II, the federal government incarcerated tens of thousands of loyal Japanese Americans in the name of national security. By this bill, Virginia declares that it will not participate in similar modern-day efforts.
Even President Obama had questions about the bill, when he promised the American people that he would not use the unrestrained powers it granted him — but why should we trust any President with such powers?
There are moments in our history when our liberties hang in the balance. This is one of those moments. I urge the Senate…to lead the way in the nation to ensure that Virginia will not cooperate when the Federal Government strays off the reservation with laws that take away the civil liberties of our citizens.”
BRIDGING THE POLITICAL DIVIDE
Last Thursday, the Tenth Amendment Center, in partnership with the Bill of Rights Defense Committee and Demand Progress held a media conference with experts and legislators from across the political spectrum. On hand were a former Al Gore advisor and a former Reagan administration member. (full report here)
The message was resounding, and echoed by the Jr. Senator from Loudoun Virginia on the floor today, “Wherever you fall on the political spectrum, any law that passes congress that has those provisions should be a deep concern, and I hope that we can all agree on this one issue.”
While the bill doesn’t directly block federal agents from carrying out their new NDAA powers, this is part and parcel of a larger NDAA nullification campaign around the country. Currently 7 local governments have passed resolutions ranging from a denouncement of the federal act in three Colorado counties to requiring noncompliance with it in places like Fairfax, CA and Northampton, MA. And, 7 states are currently considering legislation like Virginia’s – all based off the model legislation provided by the Tenth Amendment Center, the Liberty Preservation Act.
THREE STEPS, MAYBE JUST TWO?
Here at the Tenth Amendment Center, we define nullification as “any act or set of acts which has as its end result a particular law being rendered null, void, or unenforceable in a specific area.” With that definition in mind, we see nullification of the new “kidnapping powers” of the NDAA as a multi-step process.
1. Education - awareness. This is where local and state resolutions come into play. When something is passed, even non-binding, it gets press coverage about the idea that the local and state people have a role to play in this.
2. Non-compliance – as just passed by the Virginia House and Senate, and being considered in various other states and local communities. The message? Your unconstitutional federal act is not welcome here!
Gandhi, Rosa Parks and others didn’t take it beyond there. We recognize that in almost every situation, the federal government relies on states being silent or even fully complicit. Information sharing, logistics, and even national guard troops carrying out orders are activities that could be asked of state and local governments. Could the feds still kidnap at that point if the state refuses compliance? Sure, “legally” nothing has changed. But if 10-15 states and a hundred or so counties and cities are making clear they will not comply and that they consider the act unconstitutional, it’s going to be much tougher for them, if not politically impossible, than if everybody just complied and waited for the courts or another election to “save” them.
3. Resistance and physical interposition – Some, of course, believe that the feds can never be stopped without a physical resistance. But this may not be required if enough states and localities take noncompliance seriously in #2 above. But, we also see the value in running the full spectrum of options from the simplest to the strongest in various parts of the country. In Washington State, the bill there is full non-compliance. Matt Shea and Jason Overstreet, the primary sponsors, feel they can get that moving forward, and hope to follow up with criminal penalties in a future bill. Then, potentially another to require arrest of fed agents for kidnapping could be considered. In Missouri, they’re tracking along the same lines.
HB1160 received a minor amendment in the Senate before passage and now goes back to the House for Concurrence. The bill previously passed the house by a vote of 96-4 so it’s expected that the amended version will sail through as well. The Amendment reads as follows:
§ 1. Notwithstanding any contrary provision of law, no agency or political subdivision of the Commonwealth, or employee of same acting in his official capacity, shall aid an agency of the United States in the unlawful detention of any United States citizen pursuant to 50 U.S.C. § 1541 as provided by the National Defense Authorization Act for Fiscal Year 2012 (P.L. 112-81, § 1021).
Join Date: May 2011
SOmetimes im proud to be a Virginian ... There have been a few good things happening here recently, politically. I see how this bill COULD undermine the Federal one, and i dont see how any bad could come from this ..... i just dont see the point really. Pretty sure if Federal wanted to enforce the NDAA laws here, that the state wouldnt be able to really do too much to protect someone. Though i will have to look into this, right now is the first im hearing about it, this should be front page news here
"God didnt create all men equal, Smith and Wesson did"
Join Date: Oct 2008
correct zombie unles you have sherrifs like those out west that told the fed "go.... yourself" and don't come back to our county when the feds tried to arrest a farmer over milk related issues if i recall correctly.
Join Date: Jan 2008
Location: NW Indiana
Big problem is going to be enforcement. Typically these types of things are snatch and grabs.
By the time anyone knows whats going on black suburbans will doing 90mph into DC or to the local airport to get them on a plane out of CONUS ASAP.
Say Virgina finds out that Mr Jones was taken via NDAA and now he is on a plane to timbuktu. What does Virgina do?
Personally I'd say the state arrests whoever took him and throw them in state prison until the kidnapped Virgina Citizen is returned.
Back in 1787 you were a Citizen of your State FIRST and a Citizen of the US second.
There was a reason for that. Indefinite detention and being shipped over seas is nothing new.
It caused the first revolution.
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual."
|10th amendment , ndaa|