Contrary to what some sites are reporting the United States is not yet a police state. Anyone that says otherwise is misinformed or simply not telling the truth. The most recent bout of irrationality was brought on by the signing of the National Defense Authorization Act of 2012 and all the hype while it was going through Congress. The simple truth of the matter is the so-called offending sections do not apply to American Citizens by any stretch of the imagination.
Let’s be clear here, from a constitutional point of view there is no law that Congress can make that violates the constitution. Individual violations by those that are entrusted to enforce the laws of the land is one thing, but making a law that specifically violates the constitution. Not happening, unless Congress grants the president emergency powers and suspends the constitution or by some miracle of political finesse manages to squeak through a constitutional amendment.
Section 1021 of the law is an affirmation of a practice that has been done for ages passed, the indefinite detention of enemy combatants without trial. This is a standard practice in any conflict/war, it was done in the Civil War and every war before and since.
Paragraph (e) of section 1021 states: “Nothing in this section shall be construed to affect existing law or authorities relating to the detention of United States citizens, lawful resident aliens of the United States or any other persons who are captured or arrested in the United States.” There it is in black and white, one falsehood dispelled by the truth.
On to section 1022, this is essentially the same as the previous section, the primary difference is that it specifically applies to Foreign Al-Qaeda Terrorists. It specifies that foreign members of Al-Qaeda are enemy combatants and therefore subject to the same practice mentioned in section 1021.
Just like section 1021, section 1022 also has a clause that specifically excludes American citizens and lawful resident aliens. Paragraph (b), sub-paragraphs (1) and (2) state:
“The requirement to detain a person in military custody under this section does not extend to citizens of the United States.”
” The requirement to detain a person in military custody under this section does not extend to lawful resident aliens 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.”
So why are media outlets like ABC news telling us these obvious untruths? I have my own suspicions that I won’t reveal here, but suffice it to say that sensationalism sells news papers and drives up ratings. The best bet at getting the truth is to find it for your self. Don’t believe everything you read and only half of what you hear. And always, always, take everything with a grain of salt.
Rest assured the Constitution is still intact, for now.