Tag Archives: HB 1160

Does Gov Want HB1160 DOA?

VAConstitution Party, 2nd Tuesday Constitution Group Appeal to Governor McDonnell:

Are you in favor of indefinite detention for American citizens?

The events detailed below are confirmed by Del Bob Marshall, patron of HB 1160. The vote is tomorrow, January 30th at 2PM in the House and could be landmark legislation, leading the way against NDAA for the rest of the country.

See post by Democrat Activist Rosa Koire about why this is such an important vote in Virginia, all party politics aside, for all Americans


27 January, 2012
Virginia, Cradle of the Republic, Roanoke 

For Immediate Release


ANSWER TO: The Free People of VA

CONTACT:   Dave Mason, Vice Chairman, Constitution Party of VA (540)885-1730

Phillip Spence, 2nd Tuesday Constitution Group, (540)309-6650


2nd Tuesday Constitution Group and her Liberty Partners must know: 

“Governor McDonnell, do you support the unlawful   detention of US Citizens?”

“Governor McDonnell, do you support HB 1160, claiming the rights guaranteed to United States citizens that have been nullified by the National Defense Authorization Act?”

For those enjoying the liberties long sought after and associated with life in these united states, is there any other answer, other than a resounding NO?

It has come to our attention that influence extending beyond the Courts of Justice Committee, where HB 1160 is being heard, has been exhibited in in the form of “intimidation”, an effort by our own Governor to “Drop a Poison Pill” on HB1160.

Prior to the subcommittee taking a vote on the anti “citizen detention bill” Governor McDonnell sent a note to Committee Chair Iaquinto expressing that he was “opposed” to the bill… the same bill that is designed to prevent the violation of the Virginia Constitution and our United States Bill of Rights.

We must ask Governor McDonnell:

“Are you compromised in your service to the Commonwealth of Virginia by your position on and commitment to this administration’s “Council of Governors”???

We are asking Governor McDonnell to be the Chief Protector and Supporter of The Constitution of Virginia, and her CITIZENS as it his SWORN Duty!! Governor, what is your response?


From:  Constitution Party of Virginia

To:    Mr. Robert F. McDonnell

Governor of Virginia

Re:   HB 1160 Unlawful detention of U.S. citizens;

Resign the Council of Governors

Governor McDonnell,

We are writing to you to urge your support of HB 1160 in the current GA session.

HB 1160 is Delegate Marshall’s response to the National Defense Authorization Act of 2012 (NDAA 2012) … and to the Act’s hideous affront to the American People by that Act’s flagrant disregard of the 4th, 5th and 6th Amendments of the Bill of Rights. The Act also violates the Constitution of Virginia and suspends posse comitatus, a long standing American tradition by act of law (18 U.S.C. § 1385).

The NDAA 2012 is de facto violation of the Natural Rights of the People of Virginia.  After all, without avail to remedy in Law, no man or woman sitting in a federal Gulag cell is apt to believe that he or she is possessed of an unencumbered free exercise of Liberty.

With consideration to the above and acting in your capacity as the Chief Magistrate of Virginia, we would like to receive your assurances that you will support Bill 1160 to your fullest extent.

We also ask that you resign from the Council of Governors, being that:

The Council of Governors is an extra-state regional government which lies outside the jurisdiction permitted to the federal power by the organic Compact, the Constitution for the united States. Being so, creation of the Council is an act of Lawlessness. And so being, a participation in the Council must necessarily be a participation in Lawlessness by all sitting Council Governors. Also, the Council of Governors is unfriendly to, hostile to and inconsistent with the letter and intent of the Constitution of Virginia.

Many of Virginia’s People feel that, taken with the Patriot Act, the Homeland Security Act and the recent passage of the NDAA 2012, that the Council actively abets, enables and facilitates what is seen to be by many Virginians, an emerging American police state.

Accordingly, we ask that you disassociate and distance yourself from the illegitimacy that is the Council of Governors.

Fidelity to your oaths of office, fulfillment of your trustee obligations to the organic constitutions, this is how you may best honor the sovereign wishes and God-given Natural Rights of the good People of Virginia.

Thank you for your consideration in these matters,

And with our best wishes extended to you,


Dave Mason

Vice Chairman

Constitution Party of Virginia


cc: Members of the General Assembly

CPVA Members and Partners in Liberty List

Mitt Romney: “Yes, I would sign it” here


10th Amendment Center: Nullify NDAA

Nullify the NDAA: Virginia House Bill 1160

Posted by

Introduced in the Virginia House of Delegates is House Bill 1160 (HB1160) which “Prevents 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.”

The bill is sponsored by Delegate Bob Marshall and was introduced on 01-16-12. It has been assigned to the House Courts of Justice Sub-Committee: #2 Civil. Visit this link for information on this Subcommittee.

The bill reads as follows:

Be it enacted by the General Assembly of Virginia:

1. § 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.

Virginia is now the first state in the nation to introduce and consider a version of the Liberty Preservation Act (click here for model legislation for your state) in response to unconstitutional kidnapping provisions in the National Defense Authorization Act (NDAA) of 2012. Sources close the to the Tenth Amendment Center tell us to expect up to ten states considering various laws or resolutions in response to the NDAA in the 2012 state legislative session.

CLICK HERE to track the status of NDAA nullification legislation around the country.

CLICK HERE to view a suite of model resolutions and legislation available for introduction in your area.


Courts of Justice Civil Law Subcommittee

Chairman Sal Iaquinto        delsiaquinto@house.virginia.gov 804-698-1084
Delegate Terry Kilgore        deltkilgore@house.virginia.gov 804-698-1001
Delegate Manoli Loupassi        delmloupassi@house.virginia.gov 804-698-1068
Delegate Gregory Habeeb        delghabeeb@house.virginia.gov 804-698-1008
Delegate Peter Farrell                delpfarrell@house.virginia.gov 804-698-1056
Delegate Randy Minchew        delrminchew@house.virginia.gov 804-698-1010
Delegate Joe Johnson                deljjohnson@house.virginia.gov 804-698-1004
Delegate David Toscano        deldtoscano@house.virginia.gov 804-698-1057
Delegate Jennifer McClellan        deljmcclellan@house.virginia.gov 804-698-1071

Remaining Courts of Justice Committee Members

Chairman Dave Albo                deldalbo@house.virginia.gov 804-698-1042
Delegate Robert Bell                delrbell@house.virginia.gov 804-698-1058
Delegate Ben Cline                delbcline@house.virginia.gov 804-698-1024
Delegate Todd Gilbert                deltgilbert@house.virginia.gov 804-698-1015
Delegate Jackson Miller        deljmiller@house.virginia.gov 804-698-1050
Delegate Ronald Villanueva        delrvillanueva@house.virginia.gov 804-698-1021
Delegate Richard Morris        delrmorris@house.virginia.gov 804-698-1064
Delegate Vivian Watts        delvwatts@house.virginia.gov 804-698-1039
Delegate Charniele Herring        delcherring@house.virginia.gov 804-698-1046

*****UPDATE 2:45PM*****

Passed out of subcommittee today – 6 Yay – 3 Nay
YEAS–Iaquinto, Kilgore, Habeeb, Farrell, Minchew, Johnson–6.

NAYS–Loupassi, Toscano, McClellan–3.


*****UPDATE 01-26 2:14PM*****

Bill number has been changed in the title and the blog text – HB1160. Thanks, Catherine Crabill!

Michael Boldin [send him email] is the founder of the Tenth Amendment Center. He was raised in Milwaukee, WI, and currently resides in Los Angeles, CA. Follow him on twitter – @michaelboldin – and visit his personal blog – www.michaelboldin.com

Rosa Koire on HB 1160

One more time, Class….


Statement from Democrat Property Rights Activist, Rosa Koire, www.DemocratsAgainstUNAgenda21.com

Author of Behind the Green Mask


Virginia House Bill No. 1160, as offered on January 16, 2012 is an important bill in many ways.  It asserts the Tenth Amendment of the US Constitution in determining that Virginia will not be a party to, or assist in the implementation of a law that violates the Virginia constitution.

In addition to raising constitutionality of the National Defense Authorization Act as it is currently written, Virginia has an opportunity to pass a bill that reaffirms it commitment to the fundamental precepts upon which our nation was founded.  Virginia, one of the original thirteen colonies, participated in a war for independence which joined people of differing religious beliefs, cultural origins, and political viewpoints in the birthing of liberty.  This hard-worn battle must be fought every day in the halls of Congress and the Senate, and in the statehouses of every state in the Union.

I urge you to recognize that this battle is non-partisan, vital, and elemental to our continuing ideal of ourselves as a nation conceived in liberty and committed to the protection of our citizens.  Please vote to support Virginia House Bill No. 1160.

Thank you,

Rosa Koire, ASA
Executive Director
Post Sustainability Institute

NDAA Killed the Posse

NDAA: Now Dead, Possee Commitatus Act

Passed on June 18, 1878, the Posse Comitatus Act is the United States federal law (18 U.S.C. §1385) after the end of Reconstruction. Along with the Insurrection Act of 1807, the expressed intent was to limit the powers of local governments and law enforcement agencies from using federal military personnel to enforce the laws of the land. Contrary to popular belief, the Act does not prohibit members of the Army from exercising state law enforcement, police, or peace officer powers that maintain “law and order”; it simply requires that any orders to do so must originate with the United States Constitution or Act of Congress.