Virginia gives detention prevention plan to governor

 

[Virginia gives detention prevention plan to governor: Would protect state's residents from extra-constitutional arrest] "(WND) - A legislative plan that would protect Virginia residents from the warrantless detention many critics have charged is contained in a federal budget plan has been adopted by the legislature and forwarded to the governor.

“By overwhelming votes (37-1 and 96-4), members of both houses of the Virginia General Assembly now have expressed themselves in their unmistakable understanding of the inviolate protections of our civil rights under the constitutions of the United States and Virginia,” said state Delegate Bob Marshall, the sponsor of the bill.

“I urge Gov. [Bob] McDonnell to acknowledge this outpouring of grassroots and legislation support of HB 1160, and I urge him to add his signature to this vital protection of our sacred liberties as citizens of Virginia and the nation,” he said.

The target of the state plan is the National Defense Authorization Act for 2012, which was signed by Obama Dec. 31. 2011.

Among its sections is 1021, “which purports to authorize the president of the United States to use the armed forces of the United States to detain American citizens who the president suspects are or have been substantial supports of al-Qaida, the Taliban, or associated forces, and to hold such citizens indefinitely,” according to an analysis of the federal law.

“In short, Section 1021 authorizes the president to dispose of American citizens suspected of supporting ‘terrorism’ according to the laws of war, as if the United States soil was a battlefield and her citizens enemy combatants, not entitled to the protections of the Bill of Rights, including the rights to trial by jury, representation by counsel, confrontation of witnesses, and due process of law administered by impartial judges,” the analysis said.

The state law specifically addresses itself to the goal of preventing “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 writ of Habeas Corpus in our Constitution (Article 1, Section 9) is what separates America from dictatorships around the world. Giving anyone the unfettered power to ‘detain’ American citizens without trial, counsel, specific charges, or a public record of such proceedings is unwise, imprudent and at fundamental odds with the assumptions of our government and legal traditions,” Marshall explained.

“In refusing to cooperate with NDAA, the Virginia General Assembly is performing its historic role as explained by Alexander Hamilton in Federalist 26 as ‘not only vigilant but suspicious and jealous guardians of the rights of the citizens, against encroachments from the federal government [who] will constantly have their attention awake to the conduct of the national rules and will be ready enough, if anything improper appears, to sound the alarm to the people and not only to be the VOICE but, if necessary, the ARM of their discontent,’” he said.

The bill advanced after a large contingent of Japanese-Americans weighed in on the controversial plan, which critics say allows the president to detain American citizens without charges or court hearings..." Full text:
Virginia gives detention prevention plan to governor Jn 8:36

 

Response to comment [from a Christian]: "The irony is that the republicans from the Virginia delegation to Congress voted for this provision when Bush introduced as the Patriot Act. I mentioned at the time, they were being very short-sighted, suggesting they think about the idea of President Hillary Clinton with that kind of power.  Now that the president is a democrat, they shudder at him having such powers.  Idiots. They are the "useful fools" who helped to erode our liberties..."

Has your opinion changed?  Do you support Virginia attempting to assert state's rights?

Virginia gives detention prevention plan to governor