New Law: Virginia will not cooperate with NDAA detention

[theDoctorisIn]

I'm well aware of what they are saying.

And, what the NDAA says is that "Nothing in this section shall be construed to affect existing law or authorities relating to the detention of United States citizens".

We already know that existing law allows for such and we already know this president has used existing law to execute a US citizen without due process.

That's impressive power with zero checks and zero balances.

Ideologically, we're agreeing completely. That "existing law" isn't a law - it's an interpretation of Bush's DOJ. NDAA codified much of that doctrine into law.

And, as I said before, I'm under no circumstances a supporter of either Obama or the NDAA.

But that doesn't change the fact that the NDAA specifically states that the section in question does not apply to citizens.

But it does apply to citizens, because it does NOTHING to affect existing authority.

Maybe we are saying the same thing.

Bottom line, with the controversy from several more educated than I in the law, this law has ambiguous sections and when ambiguous, the power is too focused in our government.

It needs to be fixed.

On that, I am pretty sure we both agree.

Yes, we do.

 

[Si modo]

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.

New Law: Virginia will not cooperate with NDAA detention – Tenth Amendment Center

Hopefully more states follow suit.

Most states already require that their officers take oaths to uphold the Constitution, so there's no need.

But this Virginia law IS necessary.

This Virginia law states firmly that Virginia rejects portions of the NDAA, and as NDAA is a federal law, Virginia can do that but ONLY if it is Virginia law.

 

[Kevin_Kennedy]

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.

New Law: Virginia will not cooperate with NDAA detention – Tenth Amendment Center

Hopefully more states follow suit.

Most states already require that their officers take oaths to uphold the Constitution, so there's no need.

The fact that the NDAA exists goes to show the effectiveness of the oaths to uphold the Constitution.