Most of the National Defense Authorization Act for 2012 is perfectly justifiable and there is no problem with it. The authorization of $662 billion in funding for the defense of the United States and its interests abroad is something to be expected in such a piece of legislation. It also imposes new economic sanctions against Iran which is a nice plus. The whole five hundred plus pages are exactly what one would expect replete with summations and assessments of the numerous potential adversaries which may conceivably end up necessitating the attentions of our military. But, unfortunately, there is one small section buried within the legislation which empowers the President, and thus indirectly the Administrative Branch of the Government, with the ability to compromise an American citizen’s civil rights without gaining any approvals, warrants, writs, or involving any other branch of our government. This is the problem which needs to be addressed.
The questionable section gives the President the power to incarcerate indefinitely any American citizen “suspected” of “association” with terrorists without charge or trial. This, if I have my Bill of Rights correct, violates, at a minimum, Amendment IV, Amendment V and Amendment VI while it might also be inferred to violate Amendment VIII and Amendment IX for good measure. The problem is that unlike most laws, anybody who falls victim to this provision in the National Defense Authorization Act will be completely unable to challenge their incarceration in any court as they will be carted off to places unknown very likely without the knowledge of anybody as to what has happened or even where they disappeared to. All that will be known is that somebody is missing and beyond reach and unable for anybody to locate. This section needs for somebody with the financial and legal resources to challenge its Constitutionality starting in whatever court which is appropriate, probably a Federal District Court or higher. I would simply be ecstatic if there is some venue by which this is challenged directly at the Supreme Court as I am absolutely sure this is where it should be heard and will end up there eventually, the sooner the better. Hopefully some patriot somewhere U.S.A. will get their druthers up over this evil deviation from American ideals of justice and negation of American justice and take on the usurper powers who deigned to design this destruction of liberty before anybody is felled and made to simply disappear.
Beyond the Cusp