posted on January 10, 2012 17:34
by Jack McLain
Secretary, Constitution Party of Florida
In what is probably the most sorry piece of legislation ever passed by House and Senate, Americans have essentially lost their basic freedoms under the Bill of Rights!
While we sleep, work, and go about our daily routines, the National Defense Authorization Act for Fiscal Year 2012 has been passed by House and Senate and signed by president Barack Obama at the turn of the New Year.
This bill, drafted and sponsored by Senator John McCain (R-AZ) and Carl Levin (D-MI), claimed to be 500 pp long by Obama, but 926 pp long by constitutional attorney Tim Baldwin, “contains draconian language authorizing the U.S. military to seize and incarcerate U.S. citizens without warrant, due process, trial, etc.
“It completely nullifies a good portion of the Bill of Rights [Amendments 5,6,7, and 8], turns the U.S. into a war zone, and places U.S. citizens under military rule,” writes Chuck Baldwin in his report of January 9, 2012 entitled “Bill of Rights Is No More.” (ChuckBaldwinLive) The bill, otherwise known as the “Indefinite Detention Act,” contains provisions in Sections 1031 and 1032 that deprive Americans of rights that have been guaranteed since the founding of our nation. Those who are targeted for arrest are called “belligerents” and “covered persons,” while these terms are not defined and citizens are at the mercy of tyrants.
Two questions immediately arise: Who wrote the bill and who read the bill? Did these Senators really write the entire bill or their henchmen on the left? How many Congressmen who voted for the bill, passed by a Republican House and a Democrat Senate, really read the bill? An embarrassing question to ask them indeed.
Meanwhile, “president” Barack Obama, in a long, flowery statement upon signing the bill stated, “I have the power to detain Americans…but I won’t.” Really? Then why didn’t you take those provisions from the bill? Obama had stated that he wouldn’t sign the bill but changed his mind (his promise) when it passed Congress. “Detain” is a nice sounding word while the bill actually provides for arrest without any constitutionally guaranteed safeguards.
The bill is described in the “Freedom Index” of The New American (1/9/12, p. 31) as follows: “Detainee-related language in the Defense authorization bill (S.1867) was written in such a sweeping way that even the United States can be considered part of the battlefield in the global war against terror---and even American citizens accused of being terrorists can be apprehended by the U.S. military and detained indefinitely without habeas corpus [L. you may have the body; i.e. show proof] and without being tried and found guilty in a court of law…the War on Terror must not be allowed to destroy legal protections stretching back to the Magna Carta.”
Mike Adams of NaturalNews wrote: “One of the most extraordinary documents in human history---the Bill of Rights---has come to an end under president Barack Obama…a law that grants the U.S. military the ‘legal’ right to conduct secret kidnappings of U.S. citizens, followed by indefinite detention, interrogation, torture and even murder…with no jury, no trial, no legal representation and not even any requirement that the government produce evidence against the accused.” Calling it “outright government tyranny,” Adams states that the bill “effectively nullifies the Bill of Rights.”
We read that constitutional scholars describe this bill as “extremist, tyrannical and dangerous.”
What can Americans do about such shameful legislation coming out of Washington? Andrew Nappi, State Director of the Florida Tenth Amendment Center, has written a lengthy letter to Senator Michael Haridopolis, Florida Senate President, stating our position and requesting action for Floridians:
“The NDAA is the single biggest evisceration of our Bill of Rights in our lifetime. Never before have the definitions of ‘terrorist’ and ‘terrorist supporter’ been defined so broadly and vague; never before have we codified into law a president’s nonexistent authority to arrest and detain American citizens on American soil…the most egregious assault on our fundamental legal rights of protection under the Bill of Rights.
“In the interest of preserving the Bill of Rights, and checking the runaway abuse of the general government, the creation and agent of the several states, we are urging you to arrest the progress of the evil that endangers all Floridians under the National Defense Authorization Act arrest and detention provisions. We request at the start of this coming legislative session you do the following:” There follows a list of six requests that Nappi makes of the Florida Senate President which we can provide, or you can access at firstname.lastname@example.org
In providing protection from tyranny for their citizens, every State legislature and Governor in this union should shortly declare that we will not tolerate such action by the federal government. Our Tenth Amendment rights provide for us to resist and cease any action that would arrest and imprison law abiding citizens without cause. This is yet another vital cause for Sheriff Richard Mack’s Constitutional Sheriff project to take notice of for proper action.
“If the foundations be destroyed, what can the righteous do?” (Psalm 11:3). Answer: Prayer and Action! “Reprove unfruitful works of darkness” (Ephesians 5:11).
“Resistance to tyrants is obedience to God” – Benjamin Franklin.