Virginia Nullifies NDAA, Arizona Close Behind

Virginia has become the first state in the nation to officially nullify the un-Constitutional NDAA legislation allowing indefinite detention without due process, and Arizona’s House today passed similar legislation.  Perhaps there is yet some faint hope for America.

On Wednesday, the Virginia legislature overwhelmingly passed a law that forbids state agencies from cooperating with any federal attempt to exercise the indefinite detention without due process provisions written into sections 1021 and 1022 of the National Defense Authorization Act.

HB1160 “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.”

The legislature previously passed HB1160 and forwarded it to Gov. Bob McDonnell for his signature. Last week, the governor agreed to sign the bill with a minor amendment. On Wednesday, the House of Delegates passed the amended version of the legislation 89-7. Just hours later, the Senate concurred by a 36-1 vote.

Bill sponsor Delegate Bob Marshall (R-Manassas) says that since the legislature passed HB1150 as recommended by the governor, it does not require a signature and will become law effective July 1, 2012.
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Just one day after Virginia became the first state in the country to pass an NDAA Nullification bill – refusing to comply with the federal government on “indefinite detention” powers of Sections 1021 and 1022 of the National Defense Authorization Act – the Arizona House voted to approve a similar measure, moving that state one step closer to being the 2nd in the nation.

Arizona Senate Bill 1182 (SB1182) states in part that: ”this state and any agency of this state shall not provide material support or participate in any way with the implementation of sections 1021 and 1022 of the National Defense Authorization Act of 2012″

Today, the House approved the bill by a vote of 34-22.

“I’m very grateful that the Arizona House just passed my NDAA bill protecting the constitutional rights of our citizens.  These rights must never be taken for granted for any reason.  National security is not a justification for depriving our citizens of their inalienable rights,” bill sponsor Sen. Sylvia Allen said.

SB1182 previously passed the Arizona Senate by a vote of 21-9, and after a minor amendment in the House, now goes back to the Senate for concurrence before being sent to Governor Jan Brewer’s desk for a signature. Opponents have used a number of parliamentary procedures in an effort to delay, stall, or even kill the bill, but grassroots activism has brought it back from the dead on multiple occasions.
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