NDAA Nullification Becomes Law in Virginia. Effective July 1st.

Today, the Virginia legislature once again approved House Bill 1160 (HB1160), what many refer to as the NDAA Nullification Act. The support was overwhelming, again. In the House today the vote was 89-7 and the Senate concurred a few hours later, 36-1.

The bill “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.”

According to an inside report, bill sponsor Delegate Bob Marshall spoke twice in support of the bill on the House floor today. Delegate Barbara Comstock (a long-time Patriot Act supporter) invoked Michael Chertoff and others as high government officials opposing HB 1160. Basically, she said state legislators have no business questioning the federal government.

Marshall responded with citations to a CRS report demonstrating the vagueness of the law, and its effort to circumvent the Treason Clause. He also noted that state legislators are to be watchdogs against the Federal Government.

In the Senate today, Senator Dick Black (R-Loudoun) and Senator Chap Petersen (D-Fairfax) spoke in favor before the final vote.

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Virginia House Approves NDAA Nullification – for the Last Time.

In what supporters hope will be the last round, the Virginia House of Delegates once again approved House Bill 1160 (HB1160), what many refer to as the NDAA Nullification Act. The support was overwhelming, again – with a final vote tally of 89-7.

The bill “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.”

According to an inside report, bill sponsor Delegate Bob Marshall spoke twice in support of the bill. Delegate Barbara Comstock (a long-time Patriot Act supporter) invoked Michael Chertoff and others as high government officials opposing HB 1160. Basically, she said state legislators have no business questioning the federal government.

Marshall responded with citations to a CRS report demonstrating the vagueness of the law, and its effort to circumvent the Treason Clause. He also noted that state legislators are to be watchdogs against the Federal Government.

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Obama Gets an F on the Constitution

by Ron Paul

Last week President Obama made some rather shocking comments at a press conference regarding the Supreme Court’s deliberation on the constitutionality of the Patient Protection and Affordable Care Act, or Obamacare. His comments belie a grasp of constitutional concepts so lacking that perhaps the University of Chicago Law School should offer a refund to any students “taught” constitutional law by then-Professor Obama!

He said, “Ultimately, I’m confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.” It almost sounds as if he believes the test of constitutionally is whether a majority approves of the bill, as opposed to whether the legislation lies within one of the express powers of the federal government. In fact, the very design of the Constitution, with power split amongst two branches of the legislature which write the laws, an executive who administers the laws, and an independent judiciary which resolves disputes regarding meaning of the laws, was designed to thwart popular will and preserve liberty.

President Obama continued in his comments, “For years, what we’ve heard is the biggest problem on the bench was judicial activism or a lack of judicial restraint, that an unelected group of people would somehow overturn a duly constituted and passed law. Well, there’s a good example, and I’m pretty confident that this court will recognize that and not take that step.”

President Obama seems to misunderstand that the criticism of an activist judiciary is not that it is overturning unconstitutional federal laws, but instead that it is usurping the authority to intervene in areas, such as abortion, where the Constitution reserves authority to the states. In fact, upholding clearly unconstitutional laws such as Obamacare because the justices bowed to the “will of the people” or believed the individual mandate was good social policy could be considered an example of judicial activism.

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Santa Cruz, California opposes NDAA detention

SANTA CRUZ, Calif. (April 18, 2012) – Add the Santa Cruz City Council to the growing number of local governments directly opposing detention provisions without due process written into sections 1021 and 1022 of the National Defense Authorization Act.

Mayor Don Lane sponsored theResolution to Restore Due Process and Right to Trial, along with two councilmember cosponsors, Ryan
Coonerty and Katherine Beiers. The resolution passed unanimously on April 10.

The resolution begins with the precept that the Constitution serves as the foundation for rights and freedoms in the United States.

These provisions of the NDAA corrode the ideals of presumed innocence and right to a fair trial on which our nation was founded, and which generations of activists and military servicemen and women have fought to preserve; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that it hereby supports repeal of the NDAA’s detention provisions described above to restore fundamental rights and liberties embodied in the Constitution of the United States.

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