Posted under States Rights & Terrorism
The National Defense Authorization Act (NDAA) grants the president as commander-in-chief to use the military forces to indefinitely detain Americans who are suspected of aiding terror groups.
Yes, you read that right – you can be jailed on mere suspicion.
What happened to the 5th and 6th amendments?
They’re still in place, argues Dr. Brian Phillips. Even more important, the 9th and 10th amendments are still valid as well, giving the people of the sovereign States the right to nullify illegal acts of a runaway central government. That was the purpose of Virginia H.B. 1160, which will prevent any “Virginia law enforcement agency from cooperating with the indefinite detention of Americans.”
It was the reserved powers of the States that formed the basis of resistance to the Alien and Sedition Acts, which Virginia and Kentucky famously opposed in 1798, thanks to resolutions drawn up by Thomas Jefferson and James Madison.
Now that Arizona has joined Virginia in standing up to the illegal NDAA, nullification is back in the political arena. Jefferson and Madison would be proud.
Kirt Higdon on 26 Apr 2012 at 3:34 pm #
This isn’t anything new with the NDAA. The Supreme Court gave the regime this power in Holder vs. Humanitarian Law Project and aiding a terror group can consist of advising the group to pursue their objectives by peaceful, lawfull means. During his brief run for President, Governor Perry suggested detaining anyone who had contributed to the Gaza flotillas for aiding terrorists. This would include me and several people I know or have met, including a Navy veteran and survivor of the Israeli attack on the USS Liberty, who actually participated in one of the Gaza flotillas in which nine relief workers were slaughtered by Israeli commandos.
Brandt Hardin on 26 Apr 2012 at 8:34 pm #
The NDAA only goes to further stifle our Constitutional Rights without the approval of the Americans, just as the Patriot Act was adopted WITHOUT public approval or vote just weeks after the events of 9/11. A mere 3 criminal charges of terrorism a year are attributed to this act, which is mainly used for no-knock raids leading to drug-related arrests without proper cause for search and seizure. The laws are simply a means to spy on our own citizens and to detain and torture dissidents without trial or a right to council. You can read much more about living in this Orwellian society of fear and see my visual response to these measures on my artist’s blog at http://dregstudiosart.blogspot.com/2011/09/living-in-society-of-fear-ten-years.html
HarrisonBergeron2 on 27 Apr 2012 at 3:59 pm #
Kirt Higdon,
True. NDAA is just a continuation of past federal policies. What’s scary is that it puts a veneer of legality on these policies.
Actually, there’s no greater supporter of terrorist policies than the US taxpayer.
Feltan on 28 Apr 2012 at 3:56 am #
The Patriot Act (and I am not a fan) was voted on and signed into law by President Bush, and the extention by President Obama. So, I am not sure what’s up with the comment about the ” Patriot Act was adopted WITHOUT public approval or vote .” It clearly was voted on.
As for the questionable sections of the NDAA — troublesome indeed. But I wonder if it is just a troublesome law to a troublesome problem. While we shouldn’t be roaming the hills of Afghanistan, the fact is we are — and just what does one do with a terrorist brought into custody, from Afghanistan or anywhere else for that matter?
I think the root cause is that we are at war without a Declaration of War — which muddies all the laws of war. A quasi-police action has not only the Consitutional issue of legitimacy, but it makes things like POW’s an anachronism.
Regards,
Feltan