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Anti NDAA – Habeas Corpus & Indefinite Detention

By: freedommom (Diary)  |  May 13th, 2012 at 08:24 AM  | 

RESIZE: AAA

And the second project I want to bring to your attention is a resolution composed by the Oathkeepers, and the Patriot Coalition to denounce the suspension of Habeas Corpus and authorize indefinite detention in sections 1021 and 1022 of the NDAA.This one is a lot more straightforward even if the bill is significantly longer. It is simply a resolution, which means that it can be introduced on day 1 of the short session, and it does not count under my 10 bill limit.

So we also need your help to support the resolution to oppose/object to the suspension of Habeas Corpus in sections 1021 and 1022 if the NDAA. It, too will acquire a bill number on May 16th, and it is provided for you here:

https://docs.google.com/open?id=0ByAbMc4d18WVbG5wLUdTOUdveVU
2011-LG-149.pdf – Google Docs

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  • Dave_A

    Indefinite detention is authorized by international law (and until this war, was customary in every case) for POWs. Get captured, live in prison camp until the war ends… If you are suspected of war crimes (such as, well, terrorisim), you are entitled to a hearing to determine if you are a POW, unlawful combatant, etc – but are legally required to be treated as a POW after that hearing. Those determined to be unlawful combatants are subject to a trial under the capturing nation’s MILITARY law in a MILITARY court.

    That’s international law (eg, the ‘Law of Nations’ as referenced by the Constitution – or ‘Law of Armed Conflict’ as the military refers to it). That’s the way it’s supposed to work – and the way it HAS worked up until THIS war.

    And the issue with ‘Habeus Corpus’ is the erroneous (Hamdan) decision granting said POWs access to our courts…

    Congress has the Constitutional power to suspend Habeas in the exact sort of situation we have been in.

    In general, these sections are NOT applicable to US citizens on US soil. Everybody else? Don’t want to be held as a POW? Don’t levy war against the US…

    • demsaresatanic

      any nation so foolish as to not understand that it cannot live when it is at war as it does in peace has already lost. That you miss this point when it comes to trade with China becomes more forgivable.

      • http://www.glenbradley2012.com/ freedommom

        I believe you are so wrong. We have been in a constant state of war basically since Vietnam. You are telling me that because the government thinks I’m an enemy combatant, the government can detain me as long as they please. No rights, no charges, no legal representation.

        I think you have lost the true meaning of Liberty and Freedom. Read the Constitution. Art.1, Section 8

        Section 8 – Powers of Congress

        Note that the last paragraph is not a ‘new’ power, but a description of the authority to make laws to carry out the previous enumerated powers:

        The Congress shall have Power To

        1) lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

        2) To borrow money on the credit of the United States;

        3) To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

        4) To establish an uniform Rule of Naturalization, and 5) uniform Laws on the subject of Bankruptcies throughout the United States;

        6) To coin Money, regulate the Value thereof, and of foreign Coin, and 7) fix the Standard of Weights and Measures;

        8) To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

        9) To establish Post Offices and Post Roads;

        10) To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

        11) To constitute Tribunals inferior to the supreme Court;

        12) To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

        13) To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

        14) To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

        15) To provide and maintain a Navy;

        16) To make Rules for the Government and Regulation of the land and naval Forces;

        17) To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

        18) To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

        19) To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And

        To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

        • demsaresatanic

          Regarding your;

    • conservativerock5

      I would certainly agree that foreign citizens are not entitled to the same rights as U.S. citizens under the Constitution.

      However, the whole focus of NDAA has been about the indefinite of U.S. citizens. Congress never has the power to remove that constitutional protection and natural right.

      Also, I don’t buy the “but we are at war” argument. The Founders were not fools, if all you had to do was go to war to invalidate the Bill of Rights, then why wouldn’t the government start a war? No, the law is infinite. As a practical matter, this country will not fall if we give U.S. citizens suspected of terrorism fair trials..suggesting otherwise is sensationalism.

      International law has absolutely no jurisdiction in the United States. You are also misinterpreting the “law of nations” phrase in the constitution:
      http://constitution.org/cmt/law_of_nations.htm

      • http://www.glenbradley2012.com/ freedommom

        Thanks conservativerock5. You explained it much better then me.

  • http://www.glenbradley2012.com/ freedommom

    I believe you are so wrong. We have been in a constant state of war basically since Vietnam. You are telling me that because the government thinks I’m an enemy combatant, the government can detain me as long as they please. No rights, no charges, no legal representation.

    I think you have lost the true meaning of Liberty and Freedom. Read the Constitution. Art.1, Section 8

    Section 8 – Powers of Congress

    Note that the last paragraph is not a ‘new’ power, but a description of the authority to make laws to carry out the previous enumerated powers:

    The Congress shall have Power To

    1) lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

    2) To borrow money on the credit of the United States;

    3) To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

    4) To establish an uniform Rule of Naturalization, and 5) uniform Laws on the subject of Bankruptcies throughout the United States;

    6) To coin Money, regulate the Value thereof, and of foreign Coin, and

    7) fix the Standard of Weights and Measures;

    8. To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

    9) To establish Post Offices and Post Roads;

    10) To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

    11) To constitute Tribunals inferior to the supreme Court;

    12) To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

    13) To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

    14) To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

    15) To provide and maintain a Navy;

    16) To make Rules for the Government and Regulation of the land and naval Forces;

    17) To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

    18) To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

    19) To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And

    To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.