Tuesday, April 17, 2012

Marshall’s HB 1160 is necessary to retain fundamental rights of Virginians


Virginia Del. Robert G. Marshall (R-Prince William) recently submitted an 11-page legal memo requesting Gov. Bob McDonnell sign Marshall’s HB 1160[1], a piece of legislation that would disallow state agencies and their employees from assisting in the military detention of U.S. Citizens.

House Bill 1160, easily sailing through both chambers of Virginia’s legislature, attempts to plug the hole of a provision in the National Defense Authorization Act (NDAA) of 2012 that effectively allows the indefinite detention of U.S. citizens without trial by the government.

McDonnell, the hawkish conservative that he is, has stated his concerns with the bill for the consequences it might have on information-sharing between state and local law enforcement.

On this rarest of rare occasions, Marshall’s HB 1160 is a necessary panacea to the open ended nature of the NDAA towards the indefinite government detention of U.S. citizens without trial.

Terrorist or no terrorist, the U.S. Constitution still upholds the right of habeas corpus for U.S. citizens. Our country’s founding laws and principles should not be undercut by the perceived need for safety and alleged risk reduction. HB 1160 is only, therefore, putting back into place what was disposed of during the “war on terror.”

We have exhausted too many individual rights as a country on this vague and ever pervasive war on terror. As was argued at the beginning of the debate over the Patriot Act and its successors, if the U.S. continues to pull back the reins on the rights of Americans, those who sought to do America harm will have already won.

The threat of terrorism is real. But what is even more real to me is the threat of individual rights being eroded by a war that looks to have no end.  


[1] http://www.richmondsunlight.com/bill/2012/hb1160/

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