Virginians for Nullification of Subtitle D of the National Defense Authorization Act
The legislation known as the National Defense Authorization Act(NDAA) was passed on Thursday, December 1, 2011. Subtitle D of the act authorizes the military to detain, indefinitely and without trial, anyone inside the United States. It offers no protection of US citizens as exercise of this power in detaining US citizens is left to the military's discretion. The Constitution is the contract by which the states agreed to form a union, and which authorizes the creation of a federal form of government. Under the Constitution, the federal government was enumerated with specific, limited powers. All other powers were retained by the states and the people to ensure that the federal government could never act beyond its delegated authority. Before the Constitution was ratified, the First Ten Amendments, known as The Bill of Rights, were added as a further safeguard of our rights and liberties. Of these ten amendments are the Fourth, Fifth, and Sixth Amendments which prescribe the process that must be taken before anyone could be held to account for a crime. This was to ensure that only those proven guilty in a court of law could be deprived of life, liberty, and property. It puts the burden of proof on the government, and that only a unanimous verdict by a jury of peers could convict and punish someone for a crime. These Amendments are as follows: The Fourth Amendment-"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The Fifth Amendment-"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." The Sixth Amendment-"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, 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 defence." To further ensure that the federal government could not exceed its authority, the Tenth Amendment was added: The Tenth Amendment-"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." The NDAA passed by Congress is a direct contradiction to The Bill of Rights. It is our right as Virginians to hold our own legislators accountable to their oath to uphold and defend the Constitution of the United States, and the Constitution of Virginia. We ask our Delegates and Senators of the General Assembly of Virginia to pass legislation authorizing the following: 1) That Subtitle D of the National Defense Authorization Act passed in the Senate on Thursday, December 1, 2011 is hereby declared null and void and enforcement of the same is hereby prohibited within the jurisdiction of the Commonwealth of Virginia. 2) That all federal law enforcement agents and uniformed service members are prohibited from searching any person, their property, home, or personal correspondence within the jurisdiction of the Commonwealth of Virginia without a warrant from a judge, issued upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 3) That all federal law enforcement agents and uniformed service members are prohibited from taking any person from the jurisdiction of the Commonwealth of Virginia for the purpose of detaining them indefinitely without charge or trial. 4) That state and local law enforcement officials are authorized to arrest and prosecute any federal agent or uniformed service member found in violation of this statute. 5) That all federal law enforcement agents and uniformed service members are prohibited from using unlawful force against state and local law enforcement officials for the purpose of preventing enforcement of this statute.