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Delegate Marshall Updates Virginia Sovereignty

H/T to Donna

Virginia, the President & Congress

Restore the Constitutional Balance

Congress is attempting to make Virginia and other states mere administrative agents for dubious public policies that the Congress either lack the money to enforce or the authority to enact. Congress has seen states pay for the programs or fail to challenge their legitimacy because of the financial and legal difficulty of doing so.

Rights are not kept secure by silence or timidity in defending them. For too long, state legislators have been intimidated from challenging members of Congress to abide by the Constitutional limits on their enumerated powers. And for too long, citizens have allowed their state representatives to do nothing in defense of their rights against predators in Washington, DC—until now.

The Ninth and Tenth Amendments clearly reserve to citizens and states the power to challenge and reject over-reaching policies of the national government such as National Health Care, Global Warming, Cap and Trade and civilian trials of military terrorists.

I have introduced HB 10, the Health Care Freedom Act so you (and not an Obama Health Czar) will make decisions for your family. HB 1319 exempts Virginia from enforcing the federal Clean Air Act and Copenhagen Accords. And HB 15 bars the use of Virginia jails or prisons for federal terror prisoner detention.

Please contact your state delegate and state senator NOW and urge them to support these bills to restore the rightful balance of dual sovereignty and power in our federal system. And please share this memo with your friends across Virginia. Persons may find contact information for their representatives at

Thank you,

Delegate Bob Marshall,
13th district, Virginia House of Delegates, elected 1991 to present;
Office: 804-698-1013, Cell: 703-853-4213,

Obamacare Challenge

The Health Care Freedom Act (HB 10) is a challenge to Obamacare insurance mandates. It protects an individual’s right to participate in or to decline to participate in a health care system or plan for any lawful medical service, and it prohibits the imposition of a penalty, tax, or fine upon an individual who declines to enter into a contract for health care coverage. HB 10 will allow Attorney General Cuccinelli to defend any Virginia taxpayer against the IRS for declining to purchase health care required by Obamacare.

Congress’ own Budget staff has stated that never in 220 years have individuals been mandated to purchase any private good or service by Congress, much less be prosecuted by fines and jail time for refusing to do so.

And the Congressional Research Service in 2009 noted that the individual insurance mandates face constitutional problems:

“Despite the breadth of powers that have been exercised under the Commerce Clause, it is unclear whether the clause would provide a solid constitutional foundation for legislation containing a requirement to have health insurance. Whether such a requirement would be constitutional under the Commerce Clause is perhaps the most challenging question posed by such a proposal, as it is a novel issue whether Congress may use this clause to require an individual to purchase a good or a service.”

Attorney General Cuccinelli supports HB 10. HB 10 passed subcommittee 8-2. A full House of Delegates vote is expected Feb. 7-8 or after. HB 10 is the most viewed bill on the General Assembly’s website in the 2010 session. (See HB 10 Q and A at

Confronting Global Warming Claims

Only Al Gore or one of his followers would ignore multiple recent scandals regarding faked data which has seriously undermined the public policy rationale for direct human causes of Global Warming promoted by the Intergovernmental Panel on Climate Change (IPCC).

Scientists at the University of East Anglia have admitted throwing away much of the raw temperature data on which they predicted global warming catastrophes. This means that other university scientists are not able to check basic calculations said to demonstrate a long-term rise in temperature over the past 150 years.

The IPCC had contended that Himalayan glaciers would completely melt by 2035. But recent information shows that the glaciers are so thick and so high that even if present climate conditions prevailed, it would take several hundred years for them to melt. (London Times, 1-30-10)

Virginia may be faced with demands from the US EPA and recommendations from Governor Kaine’s December 2007 Virginia Commission on Climate Change which failed to take into account man made vs. naturally caused “global warming” and reduced green house gas effects on Virginia’s future climate.

HB 1319 suspends state enforcement by Virginia of the Clean Air Act and defers to the U.S. Environmental Protection Agency (USEPA) the enforcement of any carbon dioxide standards or cap and trade provisions in the federal Clean Air Act. The Governor and Attorney General are to examine these provisions and determine whether Congress has the authority to enact mandates upon Virginia. The Governor is to report his findings to the General Assembly. HB 1319 authorizes the Attorney General to bring an action against the USEPA if he finds that the mandated standards are based on unscientific findings.

It also provides that the Governor or the General Assembly WILL NOT implement any attempt by President Obama to implement the Copenhagen Environmental Accords by executive order, absent a Treaty agreed to by the US Senate. Printz vs. US (1997) held that states cannot be treated as mere administrative agents of the Congress.

HB 1319 is before the Agriculture, Chesapeake and Natural Resources Committee.

Criminal vs. Military Trials for terrorists

HB 15 provides that terrorists gratuitously granted constitutional trial rights by President Obama’s Justice Department, as opposed to being tried as military prisoners of war who target and murder unarmed civilians, may not be housed in any Virginia jail or prison. Even New York Democrats are balking at Attorney General Holder’s efforts to try Kalid Sheikh Mohammed in Manhattan. Security for this political farce would cost taxpayers almost $200 million. Such terrorists should be tried in Guantanamo, Cuba.

HB 15 is in the Militia and Police Committee. (See

VA Capitol on sovereignty day

About Tom White

Tom is a US Navy Veteran, owns an Insurance Agency and is currently an IT Manager for a Virginia Distributor. He has been published in American Thinker, currently writes for the Richmond Examiner as well as Virginia Right! Blog. Tom lives in Hanover County, Va and is involved in politics at every level and is a Recovering Republican who has finally had enough of the War on Conservatives in progress with the Leadership of the GOP on a National Level.

3 Responses to “Delegate Marshall Updates Virginia Sovereignty”

  1. Keith says:

    Go Bob Go…. This is the best that has come down the pike for awhile….. Thank you for having the guts to stand up to the idiots in DC

  2. Same here. I am so glad that the Bob Marshall, Attorney General Cuccinelli, and Governor McDonnell will stamd up to the overreaching Federal Goverment. Regular citizens would be swept over…but the State will not be. I hope to see mention of the ither 14 States that are looking at enacting simlar resolve.


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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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