Wednesday, December 5, 2012

Why Amending The NDAA Is Not The Answer


This week Senator Dianne Feinstein introduced, and approved by the Senate, an amendment to the NDAA. Her amendment sought to address concerns about the provision in the NDAA that allows for indefinite detention of citizens without due process, in direct violation of our 5th Amendment rights.

"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 offense 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."

The idea of restoring our 5th Amendment rights by amending the NDAA seems like at least a step forward but, either on purpose or by ignorance, her amendment proves to be little more than smoke screen to quiet the masses that have issues with the various provision of the NDAA. Her amendment includes the language...


“An authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States apprehended in the United States, unless an Act of Congress expressly authorizes such detention.”

That last phrase, "unless an act of congress expressly authorizes such detention" is the catch that makes the whole amendment not worth the paper it's wrote on or the time it took to vote on. The NDAA  (National Defense and Authorization Act) is by definition an authorized act of congress already! Amending the NDAA is clearly not the answer and the very fact that no one in the senate is stepping forward with any type of meaningful changes to the NDAA clear shows congress supports it, and has no real desire to reign in on its power to strip us of our rights. At this point the only real answer is to apply enough pressure on our elected officials, or vote in new ones, that will push to fully repeal the NDAA.
 

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