Over the last few weeks, there has been a lot of discussion in the blogosphere about the National Defense Authorization Act and the claims it will allow the indefinite detention of Americans in places like Guantanamo.
Is this a big deal?
No.
And yes.
The bill was designed to give military courts, not civilian courts jurisdiction over terrorists and prevent the fiascos were are seeing when you have radical, anti American lawyers like Eric Holder or Barack Obama allowing terrorists captured on the battlefield to be tried in civilian courts.
Many people fear that this can be used to indefinitely detain American citizens.
Given the actions of the Obama regime, that is not an unreasonable fear. If the Obama regime had its way, they probably would like to lock up conservatives.
There are two flaws in the theory that Americans can be detained indefinitely. The first is Article 1, Section 9 of the Constitution, which forbids the suspension of the right to a Writ of Habeas Corpus, except in times of rebellion or invasion.
The second is the 6th Amendment to the Bill of Rights, which provides for a fast, speedy and public trial by a jury.
Some people, who are not really bright, including John McCain, sponsored the National Defense Authorization Act.
Rand Paul, Jim DeMint, Mike Crapo and Mike Lee, among others fought against this bill in the Senate.
Am I worried about this bill?
No, I am not.
Why?
I have no problem with enemy combatants who are not American citizens being sent to GITMO or any other number of places. I have no problem with them being subjected to indefinite detention. Enemy soldiers captured during World War 2 were subjected to indefinite detention. They were held until the end of the war.
However, American citizenship, despite the best efforts of the left for the last fifty years, still means something.
We are still governed by the Constitution and the Constitution prohibits it. If the government detains any American, they can and will file a Writ of Habeas Corpus and it is inconceivable that any Federal Judge would not immediately grant that.
It is also equally inconceivable that any attempt to hold or try American citizens who are detained on American soil in a military court, unless they are members of the military and subject to the Uniform Code of Military Justice, would quickly be struck down by the Supreme Court.
What if I am wrong?
If I am wrong, we have larger problems. If I am wrong, we no longer have a Constitution and liberty has truly died.
Tags: NDAA, american, citizens, congress, detention, indefinite
Permalink Reply by Donald W. Ricketts on You are wrong, we no longer have a Constitution and liberty has truly died.
http://www.canadafreepress.com/index.php/article/43272?utm_source=C...
http://morallowground.com/2011/12/02/senate-votes-93-7-to-allow-ind...
http://www.canadafreepress.com/index.php/article/43244?utm_source=C...
Permalink Reply by Brian Keith Prince on Is this a big deal? Sodomy and Beastiality:
more ...http://cnsnews.com/news/article/senate-approves-bill-legalizes-sodo...
Permalink Reply by Roberta Copeland on We have all read what the DHS has said a terrorist is. This will overturn what has been a great constitution by landing it in the courts for years while progressives are given an open hand to dismantle the rest of the constitution think 2nd amendment. we MUST close our borders, because the left will not stop until these folks are given the right to vote.
Remember what stalin said, we will defeat democracy without a single shot. Once the people realize they can vote themselves wealth;... we are beyond that point now and the only way back is to go back to the original constitution.
I fear this is no longer a tea party site, but a Judson site. Why are there no others presenting their facts and ideas?
Permalink Reply by Scott Casteel on @ Anglo- Thumbs UP! Bud. And from now on you can call me Bill...for BILLIGERENT
Permalink Reply by Anglo America on Charging Obama for "Treason" for what the congress engineered and approved to be initiated as law? Not hardly! As illegal as it is, it is still law and will be interpreted however they want to interpret it, and deploy it in any fashion that they want, to include we belligerents being labeled as subversives.
Permalink Reply by Tim Sheflin on You are 100% correct Judson, in that Article 1, Section 9 of the Constitution and the 6th Amendment to the Bill of Rights is meant to prevent this from happening, but, when you have an administration that has largely ignored the Constitution in it's actions since it was sworn in, it isn't too much of a stretch to believe they will ignore these. Either way, I am watching this situation like a hawk and will not rest until it is either gone or completely exposed.
Permalink Reply by Timothy W. O'Leary on Obama stays in Washington to see through the legislation to extend the payroll tax deduction?
Well that's just great. What a leader.
but he sent the wife and kids (along with only God knows who else) ahead to Hawaii in a separate flight which costs us millions.
AND the bill they approved does not settle anything and gives O the opportunity to kill the pipeline.
AND The NDAA; they figured they didn't have to stay up late to pass junk without reading it, just wait until Christmas and do it in daylight.
AND, sure the troops are leaving Iraq, but under terrible terms, and of course there are still thousands of expensive private contractors and other government employees still there costing us kajillions. Apparently we also left a massive amount of hardware over there for the Iranians to use against Israel.
AND, somehow the geniuses allow the drone to fall, then Obama asks pretty please for it to be returned from that maggot? How humiliating is that?
'They' haven't issued an assessment of the overall damage to our defense posture, or the replacement costs for the technologies compromised, but at least we know Iran will have some state of the art hardware to come up with a delivery system for their nuke.
No word on holding anyone accountable for this one either.
AND of course anyone who objects to any of this is a Right Wing lunatic unwilling to compromise.
AND Ron Paul, apparently a champion of earmarks and numerous gobbly gook incoherent agendas, says:
any one of us GOP candidates can defeat Obama, that's the easy part!.
Let us pray
Permalink Reply by steve o on Just got this
Contact your Congress critters to sponsor this bill
H.R. 3676: To amend the detainee provisions of the
National Defense Authorization Act for Fiscal Year 2012
http://www.govtrack.us/congress/bill.xpd?bill=h112-3676
112th Congress: 2011-2012
Dec 15, 2011 - Bill Action
Introduced: H.R. 3676: To amend the detainee provisions of the National Defense Authorization Act for Fiscal Year 2012 to specifically state that United States citizens may not be detained against their will. Rep. Jeff Landry [R-LA3] introduced H.R. 3676: To amend the detainee provisions of the National Defense Authorization Act for Fiscal Year 2012 to specifically state that United States citizens may not be detained against their will without all the rights of due process afforded to citizens in a court ordained or established by or under Article III of the Constitution of the United States.
Status: The text of this legislation is not yet available on GovTrack.
It may not have been made available by the Government Printing Office yet.
Last Action: Dec 15, 2011: Referred to House Foreign Affairs Committee
Status: This bill is in the first step in the legislative process.
Explanation: Introduced bills and resolutions first go to committees that deliberate, investigate,
and revise them before they go to general debate. The majority of bills and resolutions never make it out of committee.
[Last Updated: Dec 18, 2011 6:18AM]
Tracking H.R. 3676: To amend the detainee provisions of the National Defense Authorization Act for Fiscal Year 2012
http://www.govtrack.us/users/events.xpd?monitors=bill:h112-3676
Sponsor: Rep. Jeff Landry [R-LA3]
U.S. Representative, Louisiana’s 3rd District
http://landry.house.gov/
Cosponsors (23)
Larry Bucshon [R-IN8]
Hansen Clarke [D-MI13]
Yvette Clarke [D-NY11]
Emanuel Cleaver [D-MO5]
John Culberson [R-TX7]
Scott DesJarlais [R-TN4]
Jeff Duncan [R-SC3]
Chris Gibson [R-NY20]
Louis Gohmert [R-TX1]
Paul Gosar [R-AZ1]
Trey Gowdy [R-SC4]
Tom Graves [R-GA9]
Andy Harris [R-MD1]
Tim Huelskamp [R-KS1]
Jim Jordan [R-OH4]
Raúl Labrador [R-ID1]
Mick Mulvaney [R-SC5]
Tom Reed [R-NY29]
Reid Ribble [R-WI8]
Phil Roe [R-TN1]
Todd Rokita [R-IN4]
Marlin Stutzman [R-IN3]
Joe Walsh [R-IL8]
Permalink Reply by Judson Phillips on Permalink Reply by Brenda Choate on We have allowed our fear and ignorance to overwhelm our good sense. Home Land Security and the NDAA are the results of that fear. The government is no longer protecting us, it is supressing us. The unfortunate truth is that we the people have allowed the government to get by with this type of stupidity. Only we can stop this abuse of power. Knowledge is power and we must make sure that the public becomes aware and pressures their representatives to appeal the NDAA and do away with HLS.
Permalink Reply by Billy Stein on "We are still governed by the Constitution and the Constitution prohibits it. If the government detains any American, they can and will file a Writ of Habeas Corpus and it is inconceivable that any Federal Judge would not immediately grant that. "
The Constitution also expressly states that no one but a "Natural Born American" (that means both his Mother & Father are Americans) can run for President, but we have Obama as President and the courts are doing nothing about it!
Suddenly the National Defense Authorization Act could be very scary for American citizens!
This makes me wonder what a John McCain Presidency would have looked like.
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