Wednesday, February 29, 2012

Virginia declares “emperor has no clothes”: NDAA nullified

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Carl Herman
Activist Post

Virginia's Senate voted today (39-1) to nullify NDAA 2012 provisions to seize American citizens at the dictate of the federal executive branch. They joined the House's 96-4 vote.

Do an Internet news search for this story (like this); you won't find any corporate media coverage. This is what Secretary of Defense Rumsfeld meant with Information Operations Road Map (specifically with endnote 76 in an article on the also non-covered Martin Luther King civil trial that found the US government guilty of assassinating Dr. King), and what CIA-disclosed Operation Mockingbird was meant to achieve: no corporate media opposition.

Again, here's NDAA:

"The US Constitution refutes the so-called “National Defense Authorization Act” provisions for US military to seize people in America (here, here, here). The 5th and 6th Amendments of the US Constitution promise that if the government is to seize you, they damn sure have to demonstrate you’ve committed a crime (my comments). Note that these promises apply to all persons, not just citizens:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury (that means a jury of one’s peers, not the dictatorship of “the leader” – “fuehrer” in German)… nor shall any person… be deprived of life, liberty, or property, without due process of law;… 
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury…, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
The Oath to the US Constitution is first and primary for the US military to defend America and our freedoms. By definition, America’s freedoms are in our Constitution. The respect Americans and the world have for US military is in proportion to upholding the freedoms in the US Constitution.

US military are trained to refuse unlawful orders. The Uniform Code of Military Justice (UCMJ) Article 92 makes US military duty clear to obey lawful orders. The primary source for lawful orders is the US Constitution. A nation’s constitution are its central and defining laws.

Any order that interferes with constitutional law is by definition an unlawful order that must be refused. Using the US military to seize Americans is such an obvious breach of the US Constitution that it evokes the legal term, ab initio: void and without legal effect from the beginning."

HB 1160 passed by Virginia’s legislative branch by a combined vote of 135-5:
Unlawful detention of United States citizens. 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.
Tenth Amendment Center’s article excerpt:
While the bill doesn’t directly block federal agents from carrying out their new NDAA powers, this is part and parcel of a larger NDAA nullification campaign around the country. Currently 7 local governments have passed resolutions ranging from a denouncement of the federal act in three Colorado counties to requiring noncompliance with it in places like Fairfax, CA and Northampton, MA. And, 7 states are currently considering legislation like Virginia’s – all based off the model legislation provided by the Tenth Amendment Center, the Liberty Preservation Act
Here at the Tenth Amendment Center, we define nullification as “any act or set of acts which has as its end result a particular law being rendered null, void, or unenforceable in a specific area.” With that definition in mind, we see nullification of the new “kidnapping powers” of the NDAA as a multi-step process. 
1. Education - awareness. This is where local and state resolutions come into play. When something is passed, even non-binding, it gets press coverage about the idea that the local and state people have a role to play in this. 
2. Non-compliance – as just passed by the Virginia House and Senate, and being considered in various other states and local communities. The message? Your unconstitutional federal act is not welcome here! 
Gandhi, Rosa Parks and others didn’t take it beyond there. We recognize that in almost every situation, the federal government relies on states being silent or even fully complicit. Information sharing, logistics, and even national guard troops carrying out orders are activities that could be asked of state and local governments. Could the feds still kidnap at that point if the state refuses compliance? Sure, “legally” nothing has changed. But if 10-15 states and a hundred or so counties and cities are making clear they will not comply and that they consider the act unconstitutional, it’s going to be much tougher for them, if not politically impossible, than if everybody just complied and waited for the courts or another election to “save” them. 
3. Resistance and physical interposition – Some, of course, believe that the feds can never be stopped without a physical resistance. But this may not be required if enough states and localities take noncompliance seriously in #2 above. But, we also see the value in running the full spectrum of options from the simplest to the strongest in various parts of the country. In Washington State, the bill there is full non-compliance. Matt Shea and Jason Overstreet, the primary sponsors, feel they can get that moving forward, and hope to follow up with criminal penalties in a future bill. Then, potentially another to require arrest of fed agents for kidnapping could be considered. In Missouri, they’re tracking along the same lines. 
In Tennessee, though, the bill being considered right now refers to indefinite detention as a “kidnapping” charge and requires the local sheriffs to stop them. (info here)
Carl Herman is a National Board Certified Teacher in economics, government, and history with a passion for research, education, and lobbying for improved public policy. See more articles by Carl Herman Here. Contact him at

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Anonymous said...

The military? What about Obama's "Civilian Police Force" as muscled as the US military but without the morality?

What do you do when a swarm of federal LE dressed like cockroaches descend on your abode to consume your existence?

PS Did you know that "Obama" is still not in most spell-checkers? He's not even an "O-word"!

Anonymous said...

A Virginia Law? What does Law have to do with the actions of the current federal government?

Anonymous said...

States have independent rights. Where were you in high school when this was explained? Any State can refuse and legislate against any legislation made by the Federal government.

Anonymous said...

There are 100 States?STATES in America. 50 Corporate or municipal Corporations and 50 Constitutional Republics. STATE OF WASHINGTON is not the same as Washington State. UNITED STATES is not the same as the united States of America. See 28 USC 3002, 1, 15

Anonymous said...

The RadCons control the courts so resorting to legal due process is probably not going to defend us against the NDAA. What we need are independent candidates and elected leaders who will vote to repeal sections 1020-1022 of the NDAA. Join us in the fight:

Jim Miller

Anon said...

Shared with my Facebook community. We need 49 more states to follow suit. Thank you for the headsup. This is a rare piece of good news in our fight to retain and regain our freedoms in America... Go Ron Paul 2012. The only candidate that wants to reduce the nanny state mentality and reduce the massive amount of laws that most Americans can't keep up with.

EYE IND SKY said...


Activist Post: Virginia declares “emperor has no clothes”: NDAA nullified
The military? What about Obama's "Civilian Police Force" as muscled as the US military but without the morality? What do you do when a swarm of federal LE dressed like cockroaches descend on your abode to consume your existence? PS Did you know that "Obama" is still not in most spell-checkers? He's ...

kerdasi amaq said...

Any order that interferes with constitutional law is by definition an unlawful order that must be refused. Using the US military to seize Americans is such an obvious breach of the US Constitution that it evokes the legal term, ab initio: void and without legal effect from the beginning."

ultra vires(beyond authority) is the term you're looking for. Any official who is exceeding the authority granted by the Constitution or on the purported authority of an unconstitutional law, is no better than a common criminal and may be treated as such.

ab initio means that a law which violates the Constitution is null and void fron the moment it is passed into law by the Congress.

The hard part is getting a court to agree with you.

Anonymous said...

Remember ruby ridge...............

Anonymous said...

I like what Virginia did....however....realizing that it is unconstitutional, tell me why the state can't declare signers of this bill "authors of treason" and have them brought into court for their crimes?

Bob Fenstermaker said...

We need Revolution 222

There is another solution available that truely tells how to live beyond fear, how to wrest the contol back to the individual.

Revoluion 222 is available for FREE download at

The Revolution 222 BEGINS!

Sare t will we change the world.

Carroll said...

States rights and individual rights came to an end when Lee surrender his forces at Appomattox Court House on April 9, 1865. Virginia, or any other State, are free to pass this type legislation but it means absolutely nothing.

Anonymous said...

The first step should be to not re-elect any of our fine federal congressman who voted to pass NDAA 2012 in the first place.

Anonymous said...

Folks, the Titanic is going down and we're all still just rearranging the deck chairs.

We now have a Federal government that wages war wherever it please for any reason it choses, suspends the Constitution in pursuit of its own objectives, spends without thought of consequence and is becoming openly hostile to its own citizens. We have a serious problem.

Anonymous said...

Would be nice to watch those evil, no good rotten people who conceived and/or authored and/or carried out this and other police state legislation watch having their own have their feet sawed-off at the ankle without any anesthesia. Then move up to the femurs, then the from the elbows down and then soak their dicks in bleach. I'll bet no one would be in a hurry to write any more laws like this if they saw what happened to the last SOBs who did

Anonymous said...

John McCain and some other jerk politician wrote it.

nygrump said...

Carroll, some might say it happened earlier during the Whiskey Rebellion.

Anonymous said...

"US military are trained to refuse unlawful orders."

Hahaha. Please. The infamous image that's been circulated WORLDWIDE showing a poor Iraqi man forced to stand on top of a box whilst wearing a HOOD over his head and ELECTRICAL WIRES connected to his outstretched arms & his genitals at Abu Ghraib seems to BELIE this false assumption.

Allow me to clarify this matter: you're Americans have NO RULE OF LAW!

Anonymous said...

the only reason were still free ,is the 2nd amendment. i hope you know that were not dealing with people here! how do you take over a country or planet, weakin them through money, shelter,food, jobs, and their guns.then you will see who they are.

Anonymous said...

If most people in America would stay home from work and not buy anything for just one day, the mighty would tremble. Money drives their empire against us. OUR money. Deprive teh beast of it's blood and it will become a more manageable beast. Still a beast, still deceitful, sneaky and wicked, but more manageable. Their fear in knowing that for once Americans stood together against them for something would change their methods.

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