Virginia Refuses to Follow Unconstitutional Law

On Wednesday, April 18th 2012, Virginia became the first state to pass a bill into law that effectively nullified a section of the most recent National Defense Authorization Act. 

The NDAA has two provisions that have stirred a lot of controversy.  Sections 1021 and 1022, in a nutshell, authorize indefinite detainment, without due process, of American citizens.  Furthermore, they are so vaguely worded that it could easily be construed to name just about anyone as “collaborating with the enemy” and be able to whisk them away for an extended, or even permanent disappearance. 

Not so if you’re in Virginia.  Last week, the Virginia Legislature passed a bill effectively nullifying these sections of the NDAA.  The Governor didn’t entirely support that bill, and sent it back with a recommendation.  The Legislature then passed the Governors recommended version by overwhelming numbers.  By Virginia law, that means it doesn’t need to go back to the Governor for signing.  This law becomes effective July1, 2012.

The main thrust of the law “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.”

Freakin fantastic!  Virginia has just told the feds to stuff it, they won’t comply.  It has been 150 years since the last time something this momentous happened, when many of the Union States refused to comply with the Federal Runaway Slave law.  Virginia has also left the playing field wide open with the wording of this law.  By adding the clause about “any Virginia Law or Regulation”, they have left themselves a way of expanding this protection easily, and without having to go back and modify this nullification law. 

Virginia, hats off to you.  When I’ve finally had enough of the Pacific North West, you have moved up to the #1 spot on my list of places to move.