Virginia might refuse to comply with NDAA’s indefinite detention provision

Virginia Delegate and now U. S. Senate candidate Bob Marshall, author of the famous Virginia Healthcare Freedom Act, has introduced a bill into the General Assembly to address the indefinite detention prevision of the National Defense Authorization Act that President Obama has signed and codified into law. Specifically, the bill “[p]revents any agency, political subdivision, employee, or member of the military of Virginia from assisting an agency or the armed forces of the United States in the investigation, prosecution, or detainment of a United States citizen in violation of the Constitution of Virginia.”

Full text:

§ 1. Notwithstanding any contrary provision of law, no agency of the Commonwealth as defined in § 8.01-385 of the Code of Virginia, political subdivision of the Commonwealth as defined in § 8.01-385 of the Code of Virginia, employee of either acting in his official capacity, or any member of the Virginia National Guard or Virginia Defense Force, when such a member is serving in the Virginia National Guard or the Virginia Defense Force on official state duty, may engage in any activity that aids an agency of or the armed forces of the United States in the execution of 50 U.S.C. 1541 as provided by the National Defense Authorization Act for Fiscal Year 2012 (P.L. 112-18, § 1021) in the investigation, prosecution, or detainment of any citizen of the United States in violation of Article I, Section 8 or 11 of the Constitution of Virginia.

Given that the Supreme Court saw fit to let the United States Constitution fall by the wayside when considering Hamdi v. Rumsfeld (save Scalia and Thomas) and with Congress acquiescent to any egregious expansion of federal power in the name of fighting terrorism, it’s nice to see someone attempting to limit the federal government’s otherwise unlimited authority over citizens.

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