New Law: Virginia will not cooperate with NDAA detention

By on April 18, 2012 in Nullification, Press Releases
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Contact: Mike Maharrey
Communications director
O: 213.935.0553
media@tenthamendmentcenter.com
www.tenthamendmentcenter.com

For Immediate Release:April 18, 2012

RICHMOND, Va. – On Wednesday, the Virginia legislature overwhelmingly passed a law that forbids state agencies from cooperating with any federal attempt to exercise the indefinite detention without due process provisions written into sections 1021 and 1022 of the National Defense Authorization Act.

HB1160 “Prevents 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 United States citizen in violation of the United States Constitution, Constitution of Virginia, or any Virginia law or regulation.”

The legislature previously passed HB1160 and forwarded it to Gov. Bob McDonnell for his signature. Last week, the governor agreed to sign the bill with a minor amendment. On Wednesday, the House of Delegates passed the amended version of the legislation 89-7. Just hours later, the Senate concurred by a 36-1 vote.

Bill sponsor Delegate Bob Marshall (R-Manassas) says that since the legislature passed HB1150 as recommended by the governor, it does not require a signature and will become law effective July 1, 2012.

Several states recently passed resolutions condemning NDAA indefinite detention, but Virginia becomes the first state to pass a law refusing compliance with sections 1021 and 1022.

“In the 1850s, northern states felt that habeas corpus was so important that they passed laws rejecting the federal fugitive slave act. The bill passed in Massachusetts was so effective, not one single runaway slave was returned south from that state. Today, Virginia joins in this great American tradition,” Tenth Amendment Center executive director Michael Boldin said. “When the federal government passes unconstitutional so-called laws so destructive to liberty – it’s the people and the states that will stand up and say, ‘NO!’ May the other states now follow the lead taken today by Virginia.”

For more information on the new Virginia law, click HERE.

###

The Tenth Amendment Center exists to promote and advance a return to a proper balance of power between federal and State governments envisioned by our founders, prescribed by the Constitution and explicitly declared in the Tenth Amendment. A national think tank based in Los Angeles, the Tenth Amendment Center works to preserve and protect the principle of strictly limited government through information, education, and activism.

*******

To track Liberty Preservation legislation across the U.S., click HERE.

For model legislation to present to your local government, click HERE.

For model NDAA nullification legislation at the state level, click HERE.

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97 comments
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Rugby Matches
Rugby Matches

Great stuff! you write too well. Moreover your post contains some worthy information which i guess will help lot of people...

plan
plan

I wanted to thank you for this great read!! I definitely enjoying every little bit of it I have you bookmarked to check out new stuff you post.

mugsie0013
mugsie0013

As a New Yorker I want to commend Virginia. A true red blooded American state. I bow to every Virginian. May Thomas Jefferson from Montecello send you heavens greatest blessings and may George Washington from Mt. Vernon do the same at least a 1000 times over.  

ChrisMaier
ChrisMaier like.author.displayName 1 Like

Please Preview other important sections of "The Tenth Amendment Center" website to understand the NDAA Liberty Preservation Act and how "The Tenth Amendment Center" plans to reverse NDAA 2012 through the process of nullification. 

 

1.) Stop the NDAA; Liberty Preservation Act "Introduce it to your state, county, city, or town:"

http://tenthamendmentcenter.com/legislation/liberty-preservation-act/

 

2.) TRACK THE PROGRESS of the Liberty Preservation Act across the country: http://tenthamendmentcenter.com/nullification/ndaa/

 

 

TomRankin
TomRankin

Just how does this stop the Feds from enforcing NDAA. All it says is you can enforce NDAA in my state but I will not help you. This is pure bull. It is just feel good legislation that gets the public off the politicians ass. I am very disappointed in The Tenth Amendment Center and question it's motives.

Michael Boldin
Michael Boldin moderator like.author.displayName 1 Like

 @TomRankin

Did Rosa Parks pass a law that "blocked enforcement" as you suggest, or did she just simply refuse to comply  - sparking a movement of resistance?

 

Not everything has to be the former.  And not everything has to be the latter.  Both are parts of a bigger picture and can be quite effective.

 

Now if you question our motives - nothing we can do about that.  I suggest you move along and find another group to question then.

ChrisMaier
ChrisMaier like.author.displayName 1 Like

 @Michael Boldin  @TomRankin I agree with both of you.  Tom, you're in the top 1/10th of 1% of Americans who care to read and interpret with common sense.  However, Michael is right about your disgust with The Tenth Amendment Center.  The Tenth Amendment Center simply prints the facts.  It's up to you to decide how to interpret these facts.

 

Tom, I would encourage you to stay on with The Tenth Amendment Center and realize that your anger and frustration with our Government is not appropriately received by others within the organization.  It's up to all of us caring American Citizens to help make a difference for our future.  We need all the support we can get.

 

Thanks!

 

Christopher J. Maier

Civil Engineer 

Cameron Clapp
Cameron Clapp

every state needs to follow the lead of Virginia ...i think Utah is also trying to Nullify the NDAA.

xwaohio
xwaohio

MAN wow i hope ohio follows suit

RandPaulReview
RandPaulReview

We ought to be very concerned with the ever increasing power of the executive branch. 

KenBjornbak
KenBjornbak

 @RandPaulReview NDAA written by and passed by Republican House, the only place spending bills can start,  Executive must sign or veto without line-item veto.  Do not blame the President for what Congress sends him.

RandPaulReview
RandPaulReview

 @KenBjornbak If Obama or the Republicans believe in civil liberties they wouldn't have passed the bill. Why have checks and balances if the president won't exercise his power to veto bills that are not in the interest of American citizens? Your argument is partisan hogwash. Sounds like someone trying to convince himself it's still okay to vote for Obama, when it obviously isn't. Your argument says Obama is not responsible for his own actions and is no way morally accountable for his own actions. He knows infinite detention is morally wrong, he said so himself. It is also unconstitutiona. In America we believe in the judicial process and innocence until proven guilty, do we not? Obama simply doesn't have the backbone or the balls to be a real leader. 

DannyAdams
DannyAdams like.author.displayName 1 Like

 @KenBjornbak Well, yeah--and George W. Bush argued in favor of exactly this power in the Padilla case. I'm still opposed to it either way, and I'm proud of my home state; I just hope the Republicans still are opposed to this when a Republican is president again.

MichaelRosensweig
MichaelRosensweig like.author.displayName like.author.displayName 2 Like

 @RandPaulReview It is about time a state government opposed the destruction of our rights.  Our Constitution was written to protect the people from this kind of manipulation. The fools in DC have gone full circle on our rights. They seek to undermine our rights with their own stupidity. If they actually knew history, they might realize that their actions are treason. Against the Constitution, and the people. It's time the people woke up and realized that our Bill of rights is not their personal play toy or toilet paper. We the People means nothing to those jackasses in DC. They are almost all traitors to their oath and their self-service. Using their offices as money machines for their own personal profit. But that's what democracies always become...corruption bowing to the rich. Selling our rights for a price.

KenBjornbak
KenBjornbak

 @MichaelRosensweig And yet the good people of Ohio keep re-electing that guy.  When will they ever learn just because they read it on the internet or lots of uninformed people keep saying it does not make a lie true.  Remember when Sen. McCain had to correct that woman who misspoke about Obama's religion?

 

Admiral America
Admiral America like.author.displayName like.author.displayName 2 Like

It's amazing not one our of 50 State governments has truly stood up for their 10th amendment rights, and fought to enforce it.  A State that would be self-sufficient, and not require Federal funds.  That wouldn't give in to threats.  I guess if the voters don't demand it, and the States have been indoctrinated into believing their just a sub-government to the Federal regime then nothing will ever really change.  Their Constitutions, and Legislatures are seen as ceremonial by them when it comes to anything opposing the Feds.  Even the Federal Congress is becoming ceremonial as the big shot Executive Barry Obama takes dictatorial command with his army of bureaucratic pigs.  If a true State of freedom existed then it would be the most prosperous State in the union, and people would be moving there in droves.  It would also inspire other States, and give them the courage to stand up to the illegal Federal government.

Admiral America
Admiral America like.author.displayName 1 Like

The Congress and the States sure aren't concerned with the ever growing Executive Branch.  You'd think they'd at least have some egos, and want to maintain their power.  Oddly enough they roll over, and submit to Executive tyranny.

ChuckKavin
ChuckKavin

These bills are only good for the fiscal year of 2012, giving most of them less than 6 months of protection.

ChrisMaier
ChrisMaier like.author.displayName 1 Like

This is a good start.  However, it still doesn't stop the Feds from rolling into Virginia on their own and detaining someone.  As Americans, we need explicit laws from our individual States to protect us from the terrorist and communist activities of the Obama Administration.

Jerry Mazza
Jerry Mazza

That's wonderful news, Mike. A tremendous burst of humanity and love for life from Virginia, the Governor and its people. May we all live long enough to see America be what it was again, before this pall of a police state oppression fell upon us all.

Best regards,

Jerry Mazza, NYC,

gvmaz@verizon.net.

Jerry Mazza
Jerry Mazza like.author.displayName 1 Like

That's wonderful news, Mike. A tremendou burst of humanity and love for life from Virginia, the Governor and its people. May we all live long enough to see American be what it was again, before this pall of a police state oppression fell upon us all.

Best regards,

Jerry Mazza, NYC,

gvmaz@verizon.net.

Steve Feldmeier
Steve Feldmeier

Repeal the 17th amendment and the 10th will take care of it's self

PaulWheaton
PaulWheaton

One step at a time and the people can make the U.S. government live within its proper limits.

 

John Henry
John Henry like.author.displayName like.author.displayName 2 Like

The rebirth of freedom in America by reclaiming the government given us by our Constitution is upon us.  Nowhere in the Constitution is it written that states must subordinate themselves to the Federal authority except in those powers designated to the Federal government by the constitution.  Amendment ten is a redundancy that serves to make emphatic the intent that ONLY those powers designated to the Federal government may be exercised by the Federal government.  Likewise, nowhere in the Constitution is it written that the Supreme Court is the controlling authority that decides when and how the Executive or legislative branch has exceeded its power.  

 

How hard is it to understand this statement?  

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

 

We have all been taught that Lincoln was the great savior of the union and that he was the great emancipator.  Even casual reading of the Lincoln's speeches and actions from the White House that incited and conducted a war against his own people ought to be sufficient to warn us of a similar president and subservient congress today.  Mr. Lincoln and Mr. Obama both have done great damage to citizens' understanding of our Constitution.  In Mr. Lincoln's case, his adamant insistence that wealth be extracted from the agricultural southern states and allocated by federal authority to the development of Northern Industrialist economic plans brought on a war that his German contemporary, Otto Von Bismarck would have been proud to take credit for had credit been offered him.  In the process of redistributing wealth, of course, Mr. Lincoln trampled the constitution under foot.  It would not begin to recover until the contemporary threat posed by Mr. Obama got the attention of those for whom the Constitution was created: The American Citizenry.  

 

Mr. Obama was widely admired by certain interests in our nation for his comparison of himself to Lincoln. That should have been in itself a warning of what was to come.  Refusing to back off on the ruinously high tariff rate imposed on imported goods that the Southern states had come to depend on, Mr. Lincoln insured that they would separate themselves from such tyranny.  Instead of meeting legitimate objections from Southern states in a spirit of fairness and desire to work out a legitimate solution, he made war on them.  Mr. Obama is capable of the same tactics.  Already he is stirring up race, class and economic dissatisfactions to his own political gain and that of his supporters.    His plans for redistribution of wealth are global.  The result of Lincoln's war was that the Republic with its States authority diminished was restored by force of arms.  The results of Mr. Obama’s attack on America will be surrender of governing authority to some amorphous, unelected, New World Order.

 

A republic cannot be held together by force of arms and still be said to enjoy the blessings of liberty.   Nor can freedom endure under the UN Declaration of Human Rights, the spirit of whicht seems to inspire the Obama crowd.   The movement of state legislatures to pass laws nullifying unprecedented Federal violations of State authority should instill hope into all our hearts.  The contemporary rebellion is not regional in character.  Rather it is firmly rooted in constitutional principle and is of importance to all States.  We have traitors among us and they have seized control of our national government.  The only hope of setting things right resides in State governments displaying the courage to take back the authority given them by the United States Constitution.  

 

What was true on July 4, 1776 is still and always has been true:  Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

 

SeaAggie
SeaAggie

So, what are the consequences if they break this new law?

far2right
far2right

 @SeaAggie Like many other fed laws, the feds will likely withhold or threaten to withhold federal funding.  That is why our lousy GOP governor of Tennessee is proceeding with plans to comply with ObamaCare. His excuse is that Tennessee will lose federal funding opportunities.  It's all a bribery game that We the People have allowed the feds to get away with for years.  The feds give "free" money, the states comply.  That way it all remains "constitutional" because milquetoast state politicians cannot resist the money.

Brian W Ryman
Brian W Ryman like.author.displayName 1 Like

    While the state of Virginia has passed what many feel to be the first significant blow against the National Defense Authorization Act of 2012, with HB 1160 , I have a few reservations about what is purported by some to be a victory. My main concern is that the bill has no provisions for Virginia state agencies to interpose themselves between the federal authorities and its citizens. This should be the focus of the legislation and is in keeping with the philosophy of Virginia's two most favored sons, Thomas Jefferson and James Madison (see http://pileusblog.wordpress.com/2011/05/16/interposition-part-six-the-virginia-and-kentucky-resolves/). Simply having the state agents REFRAIN from "assisting..." is different from actually using state resources to protect its citizens. Another concern I have about the legislation is that it applies only when a "member is serving in the Virginia National Guard or the Virginia Defense Force on official state duty".The law doesn't apply to a guardsman or other state militia type that has been called up to "active service". It would be much better if it made it clear that it is illegal for any such member to act on these unconstitutional measures when serving as a reservist for the federal forces. There is also a caveat that lends itself to a bit of wiggle room in Bob McDonnell's substitute bill (not passed) that suggests how the state's executive will enforce this legislation: "The provisions of this section shall not apply to participation by state or local law enforcement or Virginia National Guard or Virginia Defense Force in joint task forces, partnerships, or other similar cooperative agreements with federal law enforcement as long as they are not for the purpose of participating in such detentions under ß 1021 of the National Defense Authorization Act for Fiscal Year 2012." McDonnell seems to suggest that state agencies could participate in NDAA round ups in a support capacity. Instead of being active Gestapo agents, the governor has said that they will be confined to the role of kapos.

KenChristensen
KenChristensen

 @Brian W Ryman I agree, they should be passing laws that make the NDAA illegal, period. Anything less then that is smoke and mirrors.

 

Admiral America
Admiral America

Are there any consequences for law enforcement that cooperates with the Feds?  I'm sure they could threaten to cut off funds to cities, counties, or the State itself in order to gain compliance just to show whose boss.

Grant Weddle
Grant Weddle

We could void NDAA one state at a time or we could elect Ron Paul.

Jay Paul Vonkoffler
Jay Paul Vonkoffler

The Smallest Minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities. -- Ayn Rand

Jay Paul Vonkoffler
Jay Paul Vonkoffler

"Stand your ground. Don't fire unless fired upon, but if they mean to have a war, let it begin here." attributed to Captain John Parker, Massachusetts militia, on Lexington green, 4/19/1775

Paulharrell
Paulharrell like.author.displayName 1 Like

Did not one of the western states; maybe Wyoming, pass a law that they not only nullified the NDAA, but also said they would arrest any federal officer trying to take someone into custody under the NDAA with kidnapping? 

ontopofit
ontopofit like.author.displayName 1 Like

This Virginia Tea Party person thinks our law is weak. It simply says our state officials can't help the Feds. It should say our officials will actively prevent the Feds from taking away any Virginian. But it's a start.

Michael Boldin
Michael Boldin moderator like.author.displayName 1 Like

 @ontopofit It's HUGE!  How many times does Virginia pass a law saying they refuse to cooperate with DC?   I'd bet never.

 

The feds require state cooperation in almost everything - from a sheriff closing off local roads for them to conduct their operations, to state agencies helping with intelligence and logistics.

 

Not even a public school guard would be authorized to do anything that might help the feds in their nefarious acts.

 

And when enough states do this - the law might be on the books in congress, but it'll be dead.

WilliamTremblay
WilliamTremblay

It's good to see a government STANDING UP for liberty, for once. Virginia has really shown itself to be a patriotic state in doing this. I hope other states follow the lead and stop the US from turning into a dictatorship! (if you're interested in how the US martial law situation is progressing, take a look at http://www.martiallawusa.com. All the proof is there.)

TMH
TMH

I wonder why they had a cpl Military convoys with over a hundred vehicles in each one going east on 460 towards Richmond on Sun?Would these be Guard troops getting ready to fight for this law or something else

giglygiglee
giglygiglee like.author.displayName 1 Like

Why not a Ninth Ammendment Center also?  The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

This ammendment in itself easily makes any legislation which denies or disparages any right retained by the people to be void and unenforceable.  So many of todays so called laws do just that.  Yet no one uses this ammendment as a defense against them.  Could it be because the legal system ran by an international association named B.A.R. has supplanted real justice and placed themselves above all others not in their association?  By creating a system so costly and so nearly impossible to navigate it by nature deters almost every person not a member of the B.A.R. association?

DavidBailey
DavidBailey like.author.displayName 1 Like

From the state of Virginia, once again we will lead the charge against tyranny.DONT TREAD ON ME!!!!

JohnSYoung
JohnSYoung

WOW. How awesome! A state that still recognizes the rights and freedoms of it's citizens! Way to go VA!

Vince Brown
Vince Brown

So they won't assist the Feds, but it says nothing about defending against such actions.?

Matt White
Matt White

" in violation of the United States Constitution" To be determined by whom?

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  28. Not in Texas You Don't! State Rep. Lyle Larson Nullifies NDAA » Survival and Beyond says:
    November 27, 2012 at 3:55 pm

    [...] In April, Virginia passed HB 1160, making it illegal for anyone to accommodate the NDAA in that state. And as of November 19th, 16 states have refused to permit the creation of ObamaCare exchanges within their borders. With the corrupt, Marxist Obama administration in charge in Washington DC and the weak-kneed Republican Party a thoroughly undependable champion of individual liberty, it will be up to Republican-run state legislatures and non-RINO Governors to halt the progress of the imperial presidency. [...]

  29. NDAA Nullification Moves Forward in Michigan – Tenth Amendment Center Blog says:
    November 30, 2012 at 9:28 pm

    [...] got the ball rolling, passing into law a similar bill last year.  Texas and South Carolina will consider liberty preservation legislation [...]

  30. NORTHEAST INTELLIGENCE NETWORK…& ‘Insider Threats’…Barack HUSSEIN Obama’s Brave New World…Addendum To: | Adina Kutnicki says:
    December 3, 2012 at 11:50 pm

    [...] In April, Virginia passed HB 1160, making it illegal for anyone to accommodate the NDAA in that state. And as of November 19th, 16 states have refused to permit the creation of ObamaCare exchanges within their borders. With the corrupt, Marxist Obama administration in charge in Washington DC and the weak-kneed Republican Party a thoroughly undependable champion of individual liberty, it will be up to Republican-run state legislatures and non-RINO Governors to halt the progress of the imperial presidency. The American public must make their voices heard at the state level on every important issue.” http://www.westernjournalism.com/texas-threatens-to-lock-up-advocates-of-obamas-unconstitutional-ndaa/ [...]

  31. The Progressive Mind » Texas threatens to lock up advocates of Obama’s unconstitutional NDAA says:
    December 5, 2012 at 11:12 am

    [...] In April, Virginia passed HB 1160, making it illegal for anyone to accommodate the NDAA in that state. And as of November 19th, 16 states have refused to permit the creation of ObamaCare exchanges within their borders. With the corrupt, Marxist Obama administration in charge in Washington DC and the weak-kneed Republican Party a thoroughly undependable champion of individual liberty, it will be up to Republican-run state legislatures and non-RINO Governors to halt the progress of the imperial presidency. [...]

  32. State Opposition To Indefinite Detention Calls For Backup - The Brenner Brief | The Brenner Brief says:
    April 4, 2013 at 6:50 am

    [...] to stop indefinite detention as more states, whether red or blue, are joining in to nullify NDAA. Virginia was the first state to nullify NDAA which became effective July 1, 2012. Other states that passed nullification are [...]

  33. Vet Detained For Anti-Government Posts | MEDIAROOTS – Reporting From Outside Party Lines says:
    April 11, 2013 at 9:33 pm

    [...] by Senator McCain and signed into law on December 31, 2011 by President Obama. In April 2012, state legislators passed a law that forbids state agents from assisting the federal government in the suspension of due process [...]