The Government Can Still Black Bag Any American
by Travis Holte
LewRockwell.com
November 30, 2012
The Senate passed the much ballyhooed Feinstein-Lee amendment last night, which supposedly partially nullifies the provision in the National Defense Authorization Act (NDAA) allowing for Americans to be kidnapped by the government and disappeared without any charge or due process. Senator Rand Paul put out a press release declaring victory. But as Congressman Justin Amash points out, the wording of the amendment effectively codifies tyranny:
The heart of the Feinstein amendment:
“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.”
Well, that Act of Congress is the 2012 NDAA, which renders the rest of the Feinstein amendment meaningless.
I have some questions. Why are Americans who are traveling, working, living abroad left out of this legislation? Does one only have his rights when he’s within the sanctified borders of the U.S.? Why is it not being argued that ALL PEOPLE have the right to due process? Why are there libertarians celebrating this passage when rather than making us more free it really only further enshrines the idea that the State grants (and denies) us our rights?
Actually this law supersedes prior approvals of congress, so no, they can’t legally detain you for no reason under NDAA. Causality, or which bill was most recent, if all authorized by congress, determines which prevails in a court of law (in the most basic of interpretations).
This of course doesn’t rule out the possibility of intentional misapplication or malignant and purposeful misinterpretation by an overly-politicized justice-department opinion to the white house on the limits of presidential power. Nor of course does this mean this administration won’t just do exactly what I said then whitewash, obfuscate, confuse the matter or the truth, sealed because of “national security” interests, or other myriad ta less-than-ethical tactics. I don’t blame republicans or democrats. I blame Washington DC as a whole.
My question is, who’s interests? Most Americans DO NOT approve of this. Nor do most Americans approve of a few other recent congresses, senates, presidents, and houses of representation (if you count the citizens that don’t vote) because of disenfranchisement by a fraudulent two-party duopoly, a hegelian dialectic…or citizens disenfranchised because the electoral college is a total farce that divides up the country worse than a risk board in a winner-takes all system, including voters that didn’t perhaps vote for the state electoral winner, or worse, didn’t vote at all. What happened to AT MOST, 50k people per rep? Wasn’t lack of representation one of the defining issues of the American Revolution, or should I say The First Great British-American Secession?
The other one was not gun confiscation, but the notion by the british that they didn’t have to confiscate guns to begin the process of further subjugating the colonists, they needed only to confiscate and ban ammo to turn the colonists weapons into mere clubs. We see a dire movement in that very direction today. And all this liberty, purchased for the illusion and theater of “security”
No one is secure in his liberties who gives them up for the comfort of a boot on his neck.
Necessity has always been the plea of tyrants. A kick to the proverbial curb the response from people tired of listening to such “pleas” with weapons pointed in their face “for their own good.”