Did you know that on New Year’s Eve of 2011, President
Barack Obama signed the National Defense Authorization Act (NDAA), declaring
the entire United States a “battlefield” and giving the U.S. government the
right to detain an American citizen indefinitely and even assassinate them, if
they are suspected of terrorism—all without due process.
Did you know this? And more importantly, do you even care? You should care, because the NDAA is not
constitutional, it is vague, it violates both the 4th and 6th
amendments, and it needs to be reviewed in its entirety—and possibly repealed.
4th Amendment: The right
of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no
Warrants shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched, and the persons
or things to be seized
6th Amendment: In all
criminal prosecutions, the accused shall enjoy the right to a speedy and public
trial, by an impartial jury of the State and district wherein the crime shall
have been committed, which district shall have been previously ascertained by
law, and to be informed of the nature and cause of the accusation; to be
confronted with the witnesses against him; to have compulsory process for
obtaining witnesses in his favor, and to have the Assistance of Counsel for his
defense.
Language within the NDAA
also allows the government to create and distribute pro-American propaganda on
the American people, “especially online.” With the government considering
several pieces of legislation related to Internet privacy and regulation, this
is particularly concerning.
Although an Obama-appointed
federal judge, Katherine Forrest, shot down the indefinite detention provision
in the NDAA as unconstitutional, the Obama administration continues to insist
it is.
Journalist Chris Hedges was
one of the plaintiffs who originally brought suit against the constitutionality
of the NDAA, resulting in Judge Forrest’s ruling. In an interview he said of
the NDAA, “It is a huge and egregious
assault against our democracy. It overturns over 200 years of law, which has
kept the military out of domestic policing. It’s an extremely frightening step
backwards for American democracy. And I think that for those of us who care
about civil liberties, the right of dissent and freedom, we have to stand up.”
Reps. Adam Smith (D-WA) and
Justin Amash (R-MI) offered an amendment to repeal the indefinite detention
provision, but it was voted down. Rep. Amash said during the debate, “The frightening thing here is that the
government is claiming the power under the Afghanistan
authorization for use of military force as a justification for entering
American homes to grab people, indefinitely detain them and not give them a
charge or a trial.”
Now Dianne Feinstein (D-CA)
has offered an amendment that seems to give Congress more power over Americans.
Her amendment states:
“An authorization to use
military force, a declaration of war, or any similar authority shall not
authorize the detention without charge or trial of a citizen or lawful permanent
resident of the United States apprehended in the United States, unless an Act of Congress expressly authorizes such
detention.”
The key language is not that Feinstein’s amendment
goes further to protect the American people and our freedom, it is that it
seems to imply that there are no constitutional obstacles to Congress enacting
a statute that would make it legal for our military to detain anyone in the
United States.
In typical fashion,
lawmakers are adding amendments and language that seem to do one thing, but in
reality, they do the opposite. The NDAA and the Feinstein amendment allow the
President to detain anyone who commits a “belligerent act” (posting the “wrong”
thing on a social media site, for example?) or provides “substantial support”
to the Taliban, al-Qaeda or associated forces. And her amendment goes beyond
giving the President power—it gives Congress more control.
The truth is, “The Feinstein-Lee Amendment, in the
guise of protecting Constitutional rights, has instead simply extended the
unconstitutional powers that the 2012 NDAA granted to the President, also to
the Congress.”
If the government says you are terrorists—or if they
say you are associated with terrorists—your Constitutional protections are null
and void. This is a concern because the Department of Homeland Security funded
a study, which hardly mentions Islam at all, yet labels terrorists as
including:
- Americans who are suspicious of centralized federal authority;
- Americans who believe their way of life is under attack;
- People opposed to abortion;
- Americans who are reverent of individual liberty
We want to catch the radical
Islamists and others who want to kill us, but we do not accept the government
eliminating our Bill of Rights protections and having full, unchecked authority
while doing it. We cannot give up our freedoms as the government tries to “fix”
problems that have already happened.
And this is how America dies, little by little, with signing statements and
amendments and executive orders that the American people hardly notice and of
course the media giants rarely report.
Involved citizens like you
and I need to keep informed with what’s really going on in Washington because we are the last line of defense against
tyranny. It is not okay for our government to lock up American citizens without
charges or due process. If they will not defend our Constitution, we must.
Since September 11,
2001, the government has
found every way to make exceptions to our Bill of Rights protections—all in the
name of safety, of course. It is shocking that our own government is advancing
the agenda of terrorists by killing our freedom.
Our job is to remain
watchful of our rights and make sure our government doesn’t take the focus off
the real terrorists and begin labeling anyone who simply has a dissenting
opinion, the enemy.
“Power tends to corrupt, and
absolute power corrupts absolutely. Great men are almost always bad men.” -Lord John
Dalberg-Acton
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