Page 2 of 13 FirstFirst 123412 ... LastLast
Results 11 to 20 of 129

Thread: Bill To Be Voted On Today Would Allow The Military To Sweep Up US Citizens At

  1. #11
    Sage

    Join Date
    Apr 2008
    Location
    Huntsville, AL (USA)
    Last Seen
    Yesterday @ 05:51 PM
    Gender
    Lean
    Moderate
    Posts
    9,763

    Re: Bill To Be Voted On Today Would Allow The Military To Sweep Up US Citizens At

    Quote Originally Posted by Ikari View Post
    Mmmm...more and more government control.

    I'm surprised that people can still think that any part of the Republocrats could stand for smaller government when they increase government at every opportunity.
    This wouldn't be an increase in government as in size, but rather an increase in executive power. If the bill passes as outlined, all I have to say is, "Goodbye 4th Amendment, Hello New USA Patriot Act."

    Seems those who want an Empirical Presidency will stop at nothing to broaden presidential powers at the expense of personal liberty. Funny though...not once have I heard Mark Levin discussing this issue. And he's been the biggest blow-heart on "liberty and tyranny." Sarcasm? Yeah, alittle, but you'd think the one person who has been trumpeting "Beware, Beware! Your liberty's being taken away little by little" would be all over this one.

    EDIT:

    Quote Originally Posted by Thunder View Post
    (b) Applicability to United States Citizens and Lawful Resident Aliens-
    (1) UNITED STATES CITIZENS- The requirement to detain a person in military custody under this section does not extend to citizens of the United States.
    (2) LAWFUL RESIDENT ALIENS- The requirement to detain a person in military custody under this section does not extend to a lawful resident alien of the United States on the basis of conduct taking place within the United States, except to the extent permitted by the Constitution of the United States.
    regardless of what the chicken-littles and Conspiracy Theorists say, this law is no big deal.
    Thank goodness somebody saw reason.
    Last edited by Objective Voice; 11-30-11 at 07:08 PM.

  2. #12
    Banned
    Join Date
    Jun 2011
    Location
    The greatest city on Earth
    Last Seen
    08-04-12 @ 04:27 PM
    Gender
    Lean
    Moderate
    Posts
    31,089

    Re: Bill To Be Voted On Today Would Allow The Military To Sweep Up US Citizens At

    Quote Originally Posted by Objective Voice View Post
    ...Funny though...not once have I heard Mark Levin discussing this issue. And he's been the biggest blow-heart on "liberty and tyranny."....
    maybe cause' he's smart enough to know this is a non-issue.

  3. #13
    Sage
    Karl's Avatar
    Join Date
    Sep 2010
    Last Seen
    12-18-14 @ 09:35 AM
    Lean
    Progressive
    Posts
    5,561

    Re: Bill To Be Voted On Today Would Allow The Military To Sweep Up US Citizens At

    Quote Originally Posted by Thunder View Post
    (b) Applicability to United States Citizens and Lawful Resident Aliens- [...] this law is no big deal.
    Actually it is a big deal since it usurps the President's Commander in Chief authority in Section 1032, where your quote comes from (note the word "shall", which mandates this detention by Congressional fiat rather than Commander-in-Chief discretion):

    SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.


    • (a) Custody Pending Disposition Under Law of War-



      • (1) IN GENERAL- Except as provided in paragraph (4), the Armed Forces of the United States shall hold a person described in paragraph (2) who is captured in the course of hostilities authorized by the Authorization for Use of Military Force (Public Law 107-40) in military custody pending disposition under the law of war. [...]



    Bill Text - 112th Congress (2011-2012) - THOMAS (Library of Congress)
    Beyond that, while Section 1032 above does exempt American citizens from "military" custody, Section 1031 below does not:

    SEC. 1031. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.


    • (a) In General- Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107-40) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.


    • (b) Covered Persons- A covered person under this section is any person as follows:



      • (1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.




      • (2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.



    • (c) Disposition Under Law of War- The disposition of a person under the law of war as described in subsection (a) may include the following:



      • (1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.




      • (2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111-84)).




      • (3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction.




      • (4) Transfer to the custody or control of the person's country of origin, any other foreign country, or any other foreign entity.



    • (d) Construction- Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.


    • (e) Requirement for Briefings of Congress- The Secretary of Defense shall regularly brief Congress regarding the application of the authority described in this section, including the organizations, entities, and individuals considered to be `covered persons' for purposes of subsection (b)(2).


    same link as above
    Nor does the AUMF (PL 107-40) below exempt American citizens (and Section 1031 of the new Senate bill merely confirms this particular AUMF while enumerating the military power to detain (in bold above)):

    Section 2 - Authorization For Use of United States Armed Forces


    (a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.

    (b) War Powers Resolution Requirements-


    (1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.

    (2) APPLICABILITY OF OTHER REQUIREMENTS- Nothing in this resolution supercedes any requirement of the War Powers Resolution.


    Authorization for Use of Military Force Against Terrorists - Wikipedia, the free encyclopedia
    So... there are indeed some things afoot. First, Congress is trying to take some command functions away from the President, and second, they are legislating legal detention by military forces (certainly beyond the basic prisoner of war situation). Nothing in these two sections, nor the AUMF above, would prohibit the military from arresting an American citizen and handing them over to civilian authorities to be detained indefinitely without charge and without trial.

    Remember the underwear bomber? Congress wants people like that permanently locked up by the military and, I'd imagine, tortured. It didn't happen in that case, and their bloodlust was left wanting.

  4. #14
    Banned
    Join Date
    Jun 2011
    Location
    The greatest city on Earth
    Last Seen
    08-04-12 @ 04:27 PM
    Gender
    Lean
    Moderate
    Posts
    31,089

    Re: Bill To Be Voted On Today Would Allow The Military To Sweep Up US Citizens At

    Quote Originally Posted by Karl View Post
    Actually it is a big deal since it usurps the President's Commander in Chief authority in Section 1032, where your quote comes from (note the word "shall", which mandates this detention by Congressional fiat rather than Commander-in-Chief discretion):....
    its very simple: it is unConstitutional for ANY American citizen or legal alien within the USA, to be held indefinitely without trial or charge. The only way to change this is with an Amendment to the Constitution.

    folks can keep scaring themselves all they like, but its just silly.

  5. #15
    Revolutionary
    TNAR's Avatar
    Join Date
    Oct 2011
    Last Seen
    02-05-17 @ 01:17 AM
    Lean
    Undisclosed
    Posts
    2,018
    Blog Entries
    17

    Re: Bill To Be Voted On Today Would Allow The Military To Sweep Up US Citizens At

    Quote Originally Posted by Thunder
    regardless of what the chicken-littles and Conspiracy Theorists say, this law is no big deal.
    Quote Originally Posted by Thunder
    its very simple: it is unConstitutional for ANY American citizen or legal alien within the USA, to be held indefinitely without trial or charge.
    Tell that to the American citizens who have already been detained without charge. I'd suggest you tell it to those who have been murdered but obviously the dead cannot hear you.

  6. #16
    Sage
    Karl's Avatar
    Join Date
    Sep 2010
    Last Seen
    12-18-14 @ 09:35 AM
    Lean
    Progressive
    Posts
    5,561

    Re: Bill To Be Voted On Today Would Allow The Military To Sweep Up US Citizens At

    Quote Originally Posted by Thunder View Post
    its very simple: it is unConstitutional for ANY American citizen or legal alien within the USA, to be held indefinitely without trial or charge. [...]
    Why do you think they ship the detainees to Gitmo? Like, duh!

  7. #17
    Banned
    Join Date
    Jun 2011
    Location
    The greatest city on Earth
    Last Seen
    08-04-12 @ 04:27 PM
    Gender
    Lean
    Moderate
    Posts
    31,089

    Re: Bill To Be Voted On Today Would Allow The Military To Sweep Up US Citizens At

    Quote Originally Posted by Karl View Post
    Why do you think they ship the detainees to Gitmo? Like, duh!
    name one American citizen who was arrested in the USA, who is at GITMO.

    name on legal alien who was arrested in the USA, who is at GITMO.

  8. #18
    Sage
    Karl's Avatar
    Join Date
    Sep 2010
    Last Seen
    12-18-14 @ 09:35 AM
    Lean
    Progressive
    Posts
    5,561

    Re: Bill To Be Voted On Today Would Allow The Military To Sweep Up US Citizens At

    Quote Originally Posted by Thunder View Post
    name one American citizen who was arrested in the USA, who is at GITMO.

    name on legal alien who was arrested in the USA, who is at GITMO.
    Now you're changing your tune:

    Quote Originally Posted by Thunder, previously View Post
    its very simple: it is unConstitutional for ANY American citizen or legal alien within the USA, to be held indefinitely without trial or charge. [...]
    My reply was predicated on citizens being held "within the USA". If you meant something else, try to improve the grammar.

    At least one U.S. citizen has been held at GITMO, having been arrested overseas. Is your argument that U.S. citizens who are arrested by the U.S. military overseas have no constitutional rights? Otherwise your query above makes no sense.

  9. #19
    King of Videos
    dirtpoorchris's Avatar
    Join Date
    Jan 2008
    Location
    WA
    Last Seen
    Today @ 03:12 AM
    Gender
    Lean
    Libertarian
    Posts
    7,006

    Re: Bill To Be Voted On Today Would Allow The Military To Sweep Up US Citizens At

    Quote Originally Posted by Karl View Post
    Why do you think they ship the detainees to Gitmo? Like, duh!
    If i remember right the bill would also allow them to move prisoners to any entity. Even foriegn.
    I'm Finding it Harder to be a Gentleman, White Stripes ~ "You think I care about me and only me. When every girl needs help climbing up a tree."

  10. #20
    Banned
    Join Date
    Jun 2011
    Location
    The greatest city on Earth
    Last Seen
    08-04-12 @ 04:27 PM
    Gender
    Lean
    Moderate
    Posts
    31,089

    Re: Bill To Be Voted On Today Would Allow The Military To Sweep Up US Citizens At

    Quote Originally Posted by Karl View Post
    Now you're changing your tune:


    My reply was predicated on citizens being held "within the USA". If you meant something else, try to improve the grammar.

    At least one U.S. citizen has been held at GITMO, having been arrested overseas. Is your argument that U.S. citizens who are arrested by the U.S. military overseas have no constitutional rights? Otherwise your query above makes no sense.
    this new law, and the whole hoopla over it, is in regards to people arrested IN the USA..is it not?

Page 2 of 13 FirstFirst 123412 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •