It’s official: the National Defense Authorization Act for Fiscal Year 2012, S. 1867, passed the Senate yesterday, December 1.
The Upper Chamber passed the bill with 93 ayes and 7 nays, the whole Senate voted and needed 50% approval:
Republicans in favor (click for list) : 44
Democrats in favor (click for list): 48
Republicans opposed (click for list): 3
Democrats opposed (click for list): 3
A similar Bill had already passed in the House earlier this year; the Senate and House versions now need to be combined to form a new Bill before President Obama is able to sign it into law or veto it.
Earlier this week, Conservative Action Alerts reported that the Senate failed to approve amendments curtailing the power of the National Defense Authorization Act for Fiscal Year 2012, a bill crafted in secret by Senators Carl Levin (D-MI) and John McCain (R-AZ) that would declare the entire United States of America as a military battlefield. The DoD Bill also provides the President power to hold American citizens indefinitely and waives the right to trial, codified in the Bill of Rights.
On Tuesday, the Senate rejected Kentucky Senator Rand Paul’s amendment 1064 to modify S. 1867; Senator Mark Udall’s amendment 1107 was also rejected. Amendment 1064 received 30 ayes and 67 nays, and the only GOP support came from Sen. Jim DeMint (R-SC), Sen. Dean Heller (R-NV), Sen. Rand Paul, and Sen. Olympia Snowe (R-ME). Amendment 1107 received 37 ayes and 61 nays, where on two Republicans voted in favor — Sen. Mark Kirk (R-IL) and Sen. Rand Paul.
Judge Andrew P. Napolitano commented on S. 1867 last week saying, “It basically says that the President can arrest whoever he wants anywhere in the United States of America, and keep them without charging them for a crime, without letting them see a lawyer, without bringing them to a judge for as long as he wants. How is that consistent with the Constitution?”
The Judge is correct.
The Sixth Amendment to the Constitution states:
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”
And, the Constitution itself states in the second clause of Section 9 of Article I:
“The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”
Conservative Action Alerts has sent just under 3,500 letters to Senators on behalf of our readers to oppose this piece of legislation; it is clear people are angry and outraged over the Defense Bill. Consider some of the following comments sent to lawmakers:
Thomas B. says “This must not pass. It will be a huge loss of our Constitutional rights… should be treason.”
Kathleen F. says “I will personally seek to stand against any Senator that willfully undermines American Liberties…”
Melba H. says “McCain got his freedom but he wants to take ours away.”
Joseph L. says “I served 21 years in the Navy to protect and defend the Constitution; I now ask you to do the same”
David D. says “If this [bill is not amended], then the terrorists have accomplished what they set out to do…”
Lenora R “This is not a good idea at all. It reminds me both of Nazi Germany and the Russian Gulags.”
As mentioned above, the House voted on their Defense Bill, HR 1540, earlier this year, where only 6 Republicans — Amash, Campbell, Chaffetz, Duncan (TN), McClintock, and Paul — voted it down.
Representative Justin Amash (R-MI) wrote recently on his facebook page that S. 1867 is “one of the most anti-liberty pieces of legislation of our lifetime.” Moreover, Amash maintains that the the bill capitalizes on misleading semantics; regarding section 1032 , he says “‘The requirement to detain a person in military custody under this section does not extend to citizens of the United States.’ This language appears carefully crafted to mislead the public. Note that it does not preclude U.S. citizens from being detained indefinitely, without charge or trial, it simply makes such detention discretionary.”
Senator Paul warned on the Senate floor Tuesday: “Should we err today and remove some of the most important checks on state power in the name of fighting terrorism, well then the terrorists have won … detaining American citizens without a court trial is not American.”
(AFP Photo: John McCain, co-author of S. 1867)
This article was written by Kyle Ebersole for Conservative Action Alerts
VOTING TIME IS COMING... PLEASE HELP MAKE A DIFFERENCE.
I read the part of the bill you are talking about and it does not include U.S.citizens. Furthermore, it seems to me like it is totally aimed for terrrorists like al quada and those known to be conspiring with them to attack the U.S. Anybody see something I missed?
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