National Defense Authorization Act Nullifies the U.S. Constitution
Though it’s arguably off-topic, I mention my outrage at National Defense Authorization Act every month or so.
Today, as incredible as it may seem, The U.S. Court of Appeals for the 2nd Circuit has turned down the numerous activists and journalists who were suing to prevent the indefinite military detention of American citizens.
Among its other offensive aspects, the NDAA for 2012 allows the U.S. military to detain indefinitely persons who are deemed to commit “belligerent acts” against the United States. Insofar as there is no qualification of the term “belligerent acts,” (it could, in fact, apply to what I’m doing right now) this renders void any notion of personal liberty; it nullifies both the 4th and 5th Amendments to the U.S. Constitution, as well as the natural rights of Americans.
This is a dark, shameful, and frightening moment for all American citizens, and it should particularly infuriate the many millions of brave soldiers and their families who have sacrificed so greatly to maintain our freedom.
Keep in mind that the “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act” a.k.a. the USA PATRIOT Act, had already very handily and directly shredded the nearly all of our Bill of Rights.
It indirectly renders moot our freedom of speech, religious liberty, and our right to bear arms – the First, Second and Third Amendments – through indefinite detention without charge or trial.
With regard to the rest, in an August 2011 article posted in indymedia.org, Scott Hamilton neatly summarized the vicious toll inflicted:
“Amendment IV: 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.
“DIRECT HIT. The Patriot Act rips this amendment right out of the constitution. The gov’t can do warrantless searches without even informing the property owner they were there. No probable cause needs to be proved, no oath taken, and no limit to what can be searched or seized.
“Amendment V: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
“DIRECT HIT. Grand jury? You get no jury under the Patriot Act. Due process of law? There IS NO due process of law under the Patriot Act.
“Amendment VI: 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.
“DIRECT HIT. Under the Patriot Act there are no charges much less trial, jury, witnesses, or counsel.
“Amendment VII: In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
“Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
“Corollary. More rights rendered obsolete by the Patriot Act.
“Amendment IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
“DIRECT HIT. What rights retained by the people? We have none under the Patriot Act.
“Amendment X: 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.
“DIRECT HIT. The Patriot Act supersedes rights of states and people.”
As john Adams wrote in a January, 1775 letter, “The most sensible and jealous people are so little attentive to government, that there are no instances of resistance, until repeated, multiplied oppression have placed it beyond doubt, that their rulers had formed settled plans to deprive them of their liberties; not to oppress an individual or a few, but to break down the fences of a free constitution, and deprive the people at large of all share in the government and all the checks by which it is limited.”
Ladies and gentlemen, America as we knew it is well into the often slow and concealed process of being quietly but brutally murdered by bribed jackals in striped suits that go by the sullied name of “public servant” and the depths to which our liberty has fallen already threaten insurmountability. The hour is late, and yet I’ve not quite lost hope. I think it well past time that we begin to seriously consider what actions we can take to save each other.
As the character of Howard Beale in the film Network, Peter Finch advises the audience to get up out of their chairs, go open a window and stick their heads out and yell as loud as they can, “I’m as mad as hell, and I’m not going to take this anymore!”
I think we ought to be more organized, creative and persistent than that, but I think these are among the keys: Truth, Non-Violence, Cooperation, Direct Action, and Perseverance. These five alone may be insufficient, but I fully consider them indispensable. Certainly doing nothing will accomplish nothing, except the eternal extinction of our cherished liberty under the fetid claws of tyrannical greed, and with that sad passing comes the demise of that fond hope that our precious nation once held out to the world.
Great points. Thanks for taking the time here.