Hon. Bob Marshall and the Virginia Attorney General vs. VA ACLU

August 5, 2010 For Immediate Release

Manassas, VA- Delegate Bob Marshall sent the attached memorandum to all Virginia Sheriff’s Departments concerning his recent inquiries into Virginia’s legal presence laws. After sending this memo to the Sheriffs it came to his attention that the Virginia American Civil Liberties Union had sent the attached letter to all Sheriff’s Departments today urging them to ignore the Attorney General’s recently issued opinion.

“I cannot understand why the ACLU would encourage law enforcement officers to ignorethe Attorney General’s opinion. The Attorney General is the highest ranking law enforcement official in Virginia,” said Marshall. “The ACLU’s position essentially allows alien terrorists and gang members to be untouchable in this country. We cannot allow this to continue.”

DOWNLOAD the LAW ENFORCEMENT MEMORANDUM - Sherriff's & Pollice Departments-Legal Status Law-1

If you have any questions please contact Delegate Marshall at (703) 853-4213.


Statement Concerning Capital News Service Article

MANASSAS, VA - A February 22nd Capital News Service story claimed, “Western Prince William Del. Bob Marshall (R-13th) says disabled children are God’s punishment to women who have aborted their first pregnancy.” I never made this statement. I believe that all children, no matter their background are a blessing from the Lord, not a punishment. Capital News Service never called me about these alleged comments.

No other reporter who attended the same February 18th press conference regarding Planned Parenthood funding made the same claim for the simple reason that I never made such a statement about disabled children.

A video of the press conference bears this out. (May be accessed in its entirety at the end of this article)

Furthermore, my personal and public life show a respect for unwanted or disabled children, including our adoption of three children, my bills to provide for health insurance for autistic children, and my bill this year requiring that women be informed of possible problems in future pregnancies from abortion.

I acknowledge that my extemporary remarks could have been better chosen to explain the medical research findings which show a high incidence of complications following induced abortions.

I understand how disability groups could react, but they are reacting in part to words I never said, never meant, and don’t believe. But I apologize to all for the misuse of my words especially to disabled Virginians or others offended.

My purpose was to show how authentic medical findings demonstrate that abortion has consequences beyond the death of the child being aborted. That is why I have proposed HB 334, which passed the House of Delegates 95-2, and which requires women undergoing abortion to be offered medical articles concerning possible complications in future pregnancies.

I take my oath of office seriously, and believe it is important to protect my constituents by ensuring full transparency about a procedure that may adversely impact their future reproductive health. That is why I strongly believe that Planned Parenthood, which performs one-fourth of abortions nationwide and opposes protecting women with this vital information, should not be funded by Virginia taxpayers.

Children, whether wanted or unwanted, intended or unintended, “normal” or disabled, are blessings from a loving God, and I will continue to fight on their behalf and on behalf of the courageous families who care for these wonderful children.

Fighting for you,

Delegate Bob Marshall 13th District Delegate


FULL TRANSCRIPT: Verbatim. The TRT is 2:05:

"Thank you very much for coming here today. We are dealing with an attempt to defund, frankly, a malevolent organization. And I say that because you know people by their fruits. In 1960, 65, the out of wed-lock birthrate for blacks was 25 percent. I think it was about 23 percent in 1960 - it was 5 percent for all races. Now it's 40 percent. It's 72% for blacks, 51% for Latinas. These are the fruits of planned parenthood. OK. Nothing else. More heartache. More guys who are completely irresponsible and think that women have one function and one function only for a few minutes. OK. But this just isn't affecting our families, our inner cities, our communities and our state. This poison animates a world-wide population control program that the United States funds and which is unnecessarily making us enemies overseas. We are attacking traditional family structure in a way that no country should be doing. These aren't my words. Go read a book by Denesh DeSouza. Ok. He's looking at it from a cultural, historical perspective. This organization should be called Planned Barrenhood cause they have nothing to do with families, they have nothing to do with responsibility. One-fourth of all abortions are done by Planned Parenthood in the United States. Ok. The number of children who are born subsequent to a first abortion who have handicaps has increased dramatically. Why? Because when you abort the first-born of any, Nature takes its vengeance on the subsequent children. In the Old Testament, the first-born of every being, animal and man, was dedicated to the Lord. There's a special punishment Christians would suggest, and with the knowledge they have from faith has been verified by a study by the Virginia Commonwealth University.  First abortions of the first pregnancy are much more damaging to the woman than latter abortions. None of these are good for anybody but this organization has had its time. They have failed in their efforts and we need to defund them and not have them receive a dime of public money."

Statement on Recent News story by Capital News Service

MANASSAS, VA - A story by Capital News Service regarding my remarks at a recent press conference opposing taxpayer funding for Planned Parenthood conveyed the impression that I believe disabled children are a punishment for prior abortions. No one who knows me or my record would imagine that I believe or intended to communicate such an offensive notion. I have devoted a generation of work to defending disabled and unwanted children, and have always maintained that they are special blessings to their parents. Nevertheless, I regret any misimpression my poorly chosen words may have created as to my deep commitment to fighting for these vulnerable children and their families. Sincerely,

Delegate Bob Marshall State Delegate, 13th District Prince William County, Loudoun County


Virginia Healthcare Freedom Act to Challenge Obama-care, FAQ

Download the PDF Version of the Official Release

Q. Will an Obamacare health Czar decide how you spend your income, or will you? A. Obamacare requires individuals to purchase private health insurance fashioned and approved by the Obama Administration or be fined $1900, face a year in jail and pay penalties up to $25,000 (half the median income of American families). Penalties start if a single, monthly payment is missed.

Yet, the primary responsibility for the economic welfare of families and adult individuals rests with families and adult individuals, not Washington politicians. Our Declaration states that governments receive their “just power from the consent of the governed,” and further, that it is “the Right of the People,” not elected or appointed officials, to structure government, “in such form, as to them shall seem most likely to effect their Safety and Happiness.” Obamacare proponents in Congress are proposing health care “solutions” which abolish our natural right of self-determination to make primary decisions for our own economic welfare. America’s Founders held that it was both the right and duty of citizens to resist Government which usurps rights given to us by our Creator.

Obamacare is not a battle over health insurance. It is a struggle over whether America will remain a nation of self-directing citizens or docile, powerless serfs.

Q. Do citizens and states have the constitutional authority to challenge Obamacare?

A. Yes. The Ninth and Tenth Amendments to the US Constitution affirm a supremacy of rights reserved to the people and to the states: Amendment 9: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Amendment 10: "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." Moreover, the natural right of contract existed long before our Constitution, and is a fundamental right of citizens and a free people. American courts do not enforce involuntary contract promises.

Q. How can citizens and state legislatures challenge Obamacare mandates? A. The "Health Care Freedom Act," HB 10 has been introduced in the Virginia General Assembly to challenge Obamacare, can by introduced in other state legislatures in 2010. Passage of HB 10 ensures that Virginia and other states will take up this challenge of defending Liberty on behalf of citizens who refuse to submit to the illicit demands of Obamacare.

HB 10 states:

"No law shall restrict a person's natural right and power of contract to secure the blessings of liberty to choose private health care systems or private plans. No law shall interfere with the right of a person or entity to pay for lawful medical services to preserve life or health, nor shall any law impose a penalty, tax, fee, or fine, of any type, to decline or to contract for health care coverage or to participate in any particular health care system or plan, except as required by a court where an individual or entity is a named party in a judicial dispute. Nothing herein shall be construed to expand, limit or otherwise modify any determination of law regarding what constitutes lawful medical services within the Commonwealth."

Q. Since citizens vote for their US Representatives, if Congress passes Obamacare, must citizens abide by the law? A. Congress’ ONLY duty is to serve citizens under the express powers of the US Constitution. Congress' own staff concluded (see below) that the proposed insurance mandates are novel and unprecedented in the 220 years since Congress was established in 1789! Forcing citizens to purchase private health insurance violates the compact between elected representatives and citizens reducing government "of, by and for the people," to demands of lords over subjects. The Declaration of Independence affirmed “That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it.” It is the usurpers in Washington who propose to alter self government under the guise of health care reform.

Q. But Congress already mandates tax payments for Social Security and Medicare. What's so different about Obamacare? A. Congress has never attempted to force individuals to purchase anything in the private sector. An August, 1994, Congressional Budget Office report by Robin Seller, written re: Hillary-care, states: "A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States. An individual mandate would have two features that, in combination, would make it unique. First, it would impose a duty on individuals as members of society. Second, it would require people to purchase a specific service that would be heavily regulated by the federal government."

Q. Congress compels registration for the military draft, and state governments require the purchase of auto insurance, so can’t Obamacare require insurance purchases? A. The power to raise an army to provide for the common defense in an enumerated power given to the national government. The mandating of health insurance is not a power granted to Congress. Forty-seven states impose liability insurance to drive on public, tax-paid roads. No insurance is needed to drive at any speed on one's own property. Liability insurance is required to protect others from injuries. Driving is not a right, it is a privilege subject to conditions imposed by state legislatures which are empowered to enforce general police and welfare powers.

Q. What else could Congress mandate of citizens if health mandates go unchallenged? A. Congressmen and Senators could disingenuously tell citizens they will not raise taxes before an election, but then impose spending “mandates “on all Americans to achieve the same goal after they are elected. If Congress can force all Americans to buy health insurance, then Congress can mandate, under heavy penalty of jail or fines, that citizens purchase new windows or insulation to save the environment. Congress could compel states to not register automobiles older than 2005 to minimize air pollution.

Further, the Congressional Budge Office in 1994, stated Congress would be exercising a dangerous power: "a decision to exclude the costs of an individual mandate to purchase health insurance from the budget could lead policymakers to impose other mandates on individuals … to use mandates to control the allocation of a large portion of the nation's resources without the cost of those actions being controlled through the federal budget process."

Q. Does HB 10, the "Health Care Freedom Act" protect businesses? A. Yes, HB 10 protects both individuals and “entities” from mandatory health care purchases. Obamacare requires every company with an annual payroll of $500,000 or more to insure its workers with private plans, approved by the Obama Administration, or pay an 8% payroll tax. Obamacare also requires companies that do provide health insurance to pay 72.5% of an individual's premium, and 65% of a family plan. While Congress has passed laws pertaining to minimum wage, overtime, workplace safety, family leave, and workman's compensation, it never required companies to offer non-wage related or "fringe benefits" such as health insurance. Companies are not required to offer retirement plans, but if they do, they must conform to ERISA laws. Companies may, but are not required to, offer health insurance.

Q. Are there reputable legal scholars who think the Congress may NOT have the constitutional authority to compel health insurance purchase mandates? A. Yes, “the health care mandate does not purport to regulate or prohibit activity of any kind, whether economic or noneconomic. … To the contrary, it purports to “regulate” inactivity by converting the inactivity of not buying insurance into commercial activity. …

In recent years, the Court invalidated two congressional statutes that attempted to regulate noneconomic activities. In United States v. Lopez (1995), it struck down the Gun-Free School Zones Act, which attempted to reach the activity of possessing a gun within a thousand feet of a school. In United States v. Morrison (2000), it invalidated part of the Violence Against Women Act, which regulated gender-motivated violence. Because the Court found the regulated activity in each case to be noneconomic, it was outside the reach of Congress’s Commerce power, regardless of its effect on interstate commerce. To uphold the insurance purchase mandate, the Supreme Court would have to concede that the Commerce Clause has no limits, a proposition that it has never affirmed, that it rejected in Lopez and Morrison, and from which it did not retreat in Raich. …Congress may … not regulate the individual’s decision not to purchase a service or enter into a contract.”

(Heritage Foundation by Georgetown University law professor Randy Barnett can be found here; also see American Law and Justice)

HB 10 is introduced by Virginia State Delegate Bob Marshall (13th House of Delegates district) for the 2010 General Assembly session. If you live in Virginia, ask your own state representative to cosponsor HB 10. If you do not live in Virginia, ask your state representative to introduce HB 10 or a similar bill to challenge Obamacare. Questions? Email Bob at delegatebobmarsall[at]