Following are excerpts from two articles
commenting on the issuance of the National Defense Authorization Act (NDAA).
Sections in red-font words are written by an 18 year old Alton
Lu of The Huff Post High School. Those
in blue-font words are written by analyst Joe
Wolverton II of the New American. I "knitted" them together in
black-font words. I think of the result as a coherent opinion of the
unbelievably crazy, freedom blowing, NDAA!
On December 31, 2011, President Obama signed a law
known as the National Defense Authorization Act for the 2012 fiscal year, or
the H.R. 1540. [...] this
year, the NDAA bill has passed with new provisions that should have the entire
country up with pitchforks.
Now, the indefinite
detention has been extended to U.S. citizens as well. If people are spied on
and suspected of being terrorists, they may be detained indefinitely without
trial.
With the
President's signing of the National Defense Authorization Act (NDAA), the writ of habeas corpus — a civil right so fundamental
to Anglo-American common law history that it predates the Magna Carta — is
voidable upon the command of the President of the United States. The Sixth
Amendment right to counsel is also revocable at his will.
So, the provisions of the Patriot Act allow the government to spy upon U.S.
citizens and the NDAA allows the government to whisk a citizen away for no
reason other than being suspected of terrorism.
The pro-NDAA Senator Lindsey Graham of South Carolina has made arguments for this provision, stating that the law would apply for US citizens'
turncoats who have aided Al-Qaeda or other associated organization. He gave a
long-winded story of how a U.S. citizen might fly to Pakistan to receive
terrorist training, then return home and shoot down fellow citizens a few miles
from the airport.
He, without any
slight sign of shame, declared, that the USA is now a theatre in the War on Terror and Americans
can be detained indefinitely... and when you say to the interrogator, 'I
want my lawyer,' the interrogator will say, 'You don't have a
right to a lawyer because you're a military threat.'
The Fourth Amendment
grants liberty from unreasonable seizures, while the Sixth guarantees every
U.S. citizen a trial in front of a jury. No matter what supporters of the bill
might have said about the provisions being misunderstood, the simple fact is
that it is unconstitutional.
These implications
grow larger as we know there is no single accepted definition of terrorism
present in the United States. The State Department defines terrorism as "premeditated, politically motivated violence
perpetrated against noncombatant targets by sub-national groups or clandestine
agents, usually intended to influence an audience."
Issues such as having an armed weapon or having a
food supply lasting at least seven days can be grounds for terrorism.
Under this
definition, the entire United States can be seen as terrorists. The government
had planned the operations in Iraq and has resulted in over 100,000 civilian
deaths. It can also be said that the U.S. is changing views of terrorism
throughout the world... influencing an audience. Terrorism cannot be
specifically defined as attacks against the United States; therefore, the
United States might have been terrorizing parts of the Middle East.
With this bill, the President is “granting himself absolute power to indefinitely
detain American citizens suspected (by him) of being” belligerents. He promises
he won't use it, however.
Obama says his
administration will not authorize the indefinite detention of citizens. But
that could change. The interpretation of this bill can change on a dime. These
politicians who say there is nothing to fear could quickly change whenever they
see fit.
But, promises to restrain oneself from abusing power are unreliable. As
Thomas Jefferson once warned: Free government is founded in jealousy,
not confidence. It is jealousy and not confidence which prescribes limited
constitutions, to bind those we are obliged to trust with power.... In
questions of power, then, let no more be heard of confidence in men, but bind
him down from mischief by the chains of the Constitution.
© Alton Lu, The Huff Post High School
