On March 8 the state Senate of Virginia passed HB 1160, the bill that would prevent the use of any state agency or member of the Virginia National Guard or Virginia Defense Force to participate in the unlawful detention of a citizen of Virginia by the U.S. government in violation of the state and federal constitution as set forth in the National Defense Authorization Act (NDAA). The Senate vote completed legislative action on the bill, which had already been approved by Virginia's House of Delegates where it was introduced by Delegate Bob Marshall (photo). However, Governor Bob McDonnell has yet to act on this bill that has languished on his desk for a month.
Regarding the NDAA, on December 31, 2011, with the President's signing of that law, the writ of habeas corpus — a civil right so fundamental to Anglo-American common law history that it predates the Magna Carta — is voidable upon the command of the President of the United States. The Sixth Amendment right to counsel is also revocable at his will.
One of the most noxious elements of the NDAA is that it places the American military at the disposal of the President for the apprehension, arrest, and detention of those suspected of posing a danger to the homeland (whether inside or outside the borders of the United States and whether the suspect be a citizen or foreigner).
Furthermore, a key component of the NDAA mandates a frightening grant of immense and unconstitutional power to the executive branch. Under the provisions of Section 1021, the President is afforded the absolute power to arrest and detain citizens of the United States without their being informed of any criminal charges, without a trial on the merits of those charges, and without a scintilla of the due process safeguards protected by the Constitution of the United States.
Click here to read the entire article.
Photo: Virginia State Delegate Bob Marshall