The Constitution. Let's Follow It.

Title X, Subtitle D of the National Defense Authorization Act is neither well-considered, nor do I think it’s Constitutional – even foreigners on American soil are entitled to basic Constitutional protections.

If the government uncovers an al Qaeda cell that plotting some attack on US citizens, it already has myriad tools at its disposal to detain and try the accused.

And that’s the key here – the NDAA doesn’t really call for trial. Indefinite detention and interrogation of people on American soil is a complete abrogation of the Constitution that ought not stand (given an apolitical Supreme Court).  I’m not one to jump on the “police state” bandwagon, because I’ve had the experience of actually spending extended periods of time living in one. But giving the military and police agencies the power to indefinitely detain people based on mere accusations and suspicions brings us ever-closer to an America where people are detained arbitrarily and capriciously based on denunciations and evidence which may not be adequate to convict someone in military or civilian court.

A decade of paranoia and a lousy economy aren’t making anyone any freer, and codifying the indefinite pretrial incarceration of enemy combatants on de jure American soil is contrary to our national interests.  The full text of the provisions in question is after the jump. Read more

The Constitution. Let’s Follow It.

Title X, Subtitle D of the National Defense Authorization Act is neither well-considered, nor do I think it’s Constitutional – even foreigners on American soil are entitled to basic Constitutional protections.

If the government uncovers an al Qaeda cell that plotting some attack on US citizens, it already has myriad tools at its disposal to detain and try the accused.

And that’s the key here – the NDAA doesn’t really call for trial. Indefinite detention and interrogation of people on American soil is a complete abrogation of the Constitution that ought not stand (given an apolitical Supreme Court).  I’m not one to jump on the “police state” bandwagon, because I’ve had the experience of actually spending extended periods of time living in one. But giving the military and police agencies the power to indefinitely detain people based on mere accusations and suspicions brings us ever-closer to an America where people are detained arbitrarily and capriciously based on denunciations and evidence which may not be adequate to convict someone in military or civilian court.

A decade of paranoia and a lousy economy aren’t making anyone any freer, and codifying the indefinite pretrial incarceration of enemy combatants on de jure American soil is contrary to our national interests.  The full text of the provisions in question is after the jump. Read more

Politics of Cynicism

The pundits, the pundits like to slice-and-dice our country into Red States and Blue States; Red States for Republicans, Blue States for Democrats. But I’ve got news for them, too. We worship an awesome God in the Blue States, and we don’t like federal agents poking around in our libraries in the Red States. We coach Little League in the Blue States and yes, we’ve got some gay friends in the Red States. There are patriots who opposed the war in Iraq and there are patriots who supported the war in Iraq.We are one people, all of us pledging allegiance to the stars and stripes, all of us defending the United States of America. In the end, that’s what this election is about. Do we participate in a politics of cynicism or do we participate in a politics of hope? …

… I’m not talking about blind optimism here – the almost willful ignorance that thinks unemployment will go away if we just don’t think about it, or the health care crisis will solve itself if we just ignore it. That’s not what I’m talking about. I’m talking about something more substantial. It’s the hope of slaves sitting around a fire singing freedom songs. The hope of immigrants setting out for distant shores. The hope of a young naval lieutenant bravely patrolling the Mekong Delta. The hope of a millworker’s son who dares to defy the odds. The hope of a skinny kid with a funny name who believes that America has a place for him, too. Hope in the face of difficulty. Hope in the face of uncertainty. The audacity of hope! In the end, that is God’s greatest gift to us, the bedrock of this nation. A belief in things not seen. A belief that there are better days ahead. I believe that we can give our middle class relief and provide working families with a road to opportunity. I believe we can provide jobs to the jobless, homes to the homeless, and reclaim young people in cities across America from violence and despair. I believe that we have a righteous wind at our backs and that as we stand on the crossroads of history, we can make the right choices, and meet the challenges that face us.

– Barack Obama, 2004 Democratic Convention

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