Habeas Corpus and the right to trial — in other words, the right to fair treatment by government. These constitutionally-protected rights are in danger of being nullified through a new Department of Defense bill.
The National Defense Authorization Act for Fiscal Year 2012 – S 1867 — crafted in secret by Senators Carl Levin (D-MI) and John McCain (R-AZ) would declare the entire United States of America as a military battlefield, where individuals — American citizens and non-citizens alike — are subject to arrest and indefinite detention by the President without the right to step into a courtroom.
Judge Andrew P. Napolitano said recently on his show Freedom Watch, “While you were shopping and dining over Thanksgiving, and maybe watching some football games, Big Government Republicans and Democrats were busy shredding the last vestiges of the Constitution … they’re talking about inserting the Army into domestic law enforcement.” Napolitano then quoted Republican Senator Lindsay Graham (R-SC) as saying “The homeland is part of the battlefield and people can be held without trial whether an American citizen or not.”
Have these legislators read the Constitution?
Codified in the Bill of Rights, the Sixth Amendment to the Constitution says:
“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 defence.”
The United States Constitution says in the second clause of Section 9 of Article I:
“The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”
Earlier this year the House voted on a similar bill: HR 1540,where only 6 Republicans — Amash, Campbell, Chaffetz, Duncan (TN), McClintock, and Paul — voted it down.
Representative Justin Amash (R-MI) wrote today on his facebook page that S. 1867 is “one of the most anti-liberty pieces of legislation of our lifetime.” Moreover, Amash maintains that the the bill capitalizes on misleading semantics; regarding section 1032 , he says “‘The requirement to detain a person in military custody under this section does not extend to citizens of the United States.’ This language appears carefully crafted to mislead the public. Note that it does not preclude U.S. citizens from being detained indefinitely, without charge or trial, it simply makes such detention discretionary.”
Senator Rand Paul (R-KY) has opposed this piece of legislation as it stands and has proposed amendments — amendments 1062 and 1064– to strike-down verbiage that provides government power against US citizens.
Senator Paul warned on the Senate floor earlier today: “Should we err today and remove some of the most important checks on state power in the name of fighting terrorism, well then the terrorists have won … detaining American citizens without a court trial is not American.”
Update 11/30: The Senate rejected Rand Paul’s amendment 1064 to modify S. 1867 on November 29; Mark Udall’s amendment 1107 was also rejected. Amendment 1064 received 30 ayes and 67 nays; the only GOP support came from Sen. Jim DeMint (R-SC), Sen. Dean Heller (R-NV), Sen. Rand Paul (R-KY), and Sen. Olympia Snowe (R-ME]. Amendment 1107 received 37 ayes and 61 nays, where on two Republicans voted in favor — Sen. Mark Kirk (R-IL) and Sen. Rand Paul.
(AP Photo: Rand Paul walks to the Senate floor on Tuesday, November 29.)
This article was written by Kyle Ebersole for Conservative Action Alerts
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It really chaps my hide when “JOURNALISTS” will quote the constitution up the wazoo but when it comes to actually supplying section and page number of a NINE-HUNDRED AND SEVENTY SIX PAGE BILL, well, they can’t be bothered with trivialities. Must be that either A, they’re full of crap, or B, they don’t WANT we the people to be able to do any damn research!
December 15, 2011 at 3:23 pm
Excuse me, it was only 926 pages. . . . I was off by 50.
December 15, 2011 at 3:24 pm
It does not surprise me that such legislation is being pushed. As a evangelist Christian, I expect laws to be established that will eventually allow for legalistic opposition to the preaching of the Kingdom of God as the only real hope for mankind. The reestablishing of God’s sovereignty over all the earth bringing an end to all nations and their political and economic systems will naturally be opposed by the world’s political class. And no doubt by the majority of the earth’s entire population.
No doubt, many who consider themselves Christians, and pray the “Lord’s Prayer” daily, when they seriously consider what the Bible says that the Kingdom will do, will be among that number of opposers. I say to them, “Be careful what you pray for! You might not like the fulfillment!”
November 30, 2011 at 5:08 pm
Senator Rand should not be surprised that the wannabe dictator wants to prepare the stage. Bring all the military home to be ready to obey his orders as commander in Chief. Then, when by creating chaos ad rebellion by the vast majority who see the erosion of their rights, he can use the United States Constitution, second clause, Section 9 of Article I:
“The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”
Why do we have the “occupy” masses exuding hysteria even now? How long will Obama wait to use it?
What does surprise me is Senator Lindsay Graham is not speaking out WITH Rand Paul and likewise, Senator McCain.
November 30, 2011 at 3:33 pm
I agree with you — this shouldn’t exist in our free society, and shows that regardless of our slogans we really aren’t living in one. 1776!
November 30, 2011 at 3:55 pm
Why should it surprise you that McLame and Lindsay GrAmnesty would be against it? They are both openly RINO’s who have repeatedly sided with progressives (meaning leftist/marxists) in working to destroy America. The sad part is McCain was once a real American though he has become nothing but a turncoat. He needs to be put out to pasture while Grahamnesty needs to move to Mexico so he can live with his beloved illegals when they are all deported.
December 1, 2011 at 8:14 am