This blog was written to condense various information on the NDAA Section 1021. It will answer what it is, why it is important, who is involved, and what you can do about it.
What is the NDAA?
Who is involved?
Sen. Lindsey Graham: shut up you don’t get a lawyer video
Ask yourself, who will decide that you are an enemy combatant? The government? How will they determine that without due process?
Obama’s Signing Statement
“I want to clarify that my Administration will not authorize the indefinite military detention without trial of American citizens. Indeed, I believe that doing so would break with our most important traditions and values as a Nation. My Administration will interpret section 1021 in a manner that ensures that any detention it authorizes complies with the Constitution, the laws of war, and all other applicable law.”
So as long as Obama is president he won’t use it. Got it. What about the next president? Then why did his administration ask for the language that excluded American citizens to removed?
Obama Administration insists on stripping rights of Americans
Legal arguments that the legislation allows indefinite detention
The American Civil Liberties Union has stated that “While President Obama issued a signing statement saying he had ‘serious reservations’ about the provisions, the statement only applies to how his administration would use the authorities granted by the NDAA.” and, despite claims to the contrary, “The statute contains a sweeping worldwide indefinite detention provision… [without] temporal or geographic limitations, and can be used by this and future presidents to militarily detain people captured far from any battlefield.” The ACLU also maintains that “the breadth of the NDAA’s detention authority violates international law because it is not limited to people captured in the context of an actual armed conflict as required by the laws of war.”
What is at stake?
The Fourth Amendment (Amendment IV)
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. Search and arrest should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it.
Most of America is asleep with this issue
What will it take for us to wake up? What will be the breaking point? If they took away our Superbowl, would America wake up?
Ron Paul Moves to REPEAL NDAA Section 1021
H.R.3785 - To repeal section 1021 of the NDAA for Fiscal Year 2012.
The bill is simple. Take out the lines that give this power to the president. We stopped SOPA and PIPA. What makes you think we can’t stop this? Wake up some people and stop it.
CONTACT YOUR REPRESENTATIVES!
Below is a link to Open Congress. Its a free site to get you actively involved in the bills that come through the house and senate. It requires minimal time and effort. Pick the bill you like or hate and automatically write your representatives. Then repost it on facebook or tweet it so others can join the fight to stop this.
Link to Open Congress on Ron Paul’s Bill
The easiest way to email your members of Congress
Nullify the NDAA
States have been hard at work to nullify this measure. Any federal or military personnel can be arrested by state police if they come into Virginia and try to arrest anyone.
| Virginia’s NDAA Nullifying Bill Passed by State Senate |