Senate votes to support violation of the Constitution

from the ‘conservative’ Washington Times

Senate defies veto threat in terrorist custody vote

Defying a veto threat by President Obama, the Senate voted Tuesday to give the U.S. military first crack at holding al Qaeda operatives, even if they are captured in the U.S. and are American citizens, and also reaffirmed the policy of indefinite detention.

“We’re no longer going to have an absurd result that if we capture you overseas where you’re planning an attack on the United States, we can blow you up or put you in a military prison indefinitely, but if you make it to America, all of a sudden you get Miranda rights and you go to federal court,” said Sen. Lindsey Graham, a South Carolina Republican who has fought the Bush and Obama administrations on treatment of suspected terrorist detainees.

Tuesday’s 61-37 vote to buck Mr. Obama and grant the military dibs exposed a deep rift within the Democratic Party. Sixteen Democrats and one independent who caucuses with them defied the veto threat and joined 44 Republicans.

Sounds good, right?  Well, Senator Ron Paul (R-KY) doesn’t think so

Senate Votes To Let Military Detain Americans Indefinitely

“I’m very, very, concerned about having U.S. citizens sent to Guantanamo Bay for indefinite detention,” said Sen. Rand Paul (R-Ky.), one of the Senate’s most conservative members.

Paul’s top complaint is that a terrorism suspect would get just one hearing where the military could assert that the person is a suspected terrorist — and then they could be locked up for life, without ever formally being charged. The only safety valve is a waiver from the secretary of defense.

“It’s not enough just to be alleged to be a terrorist,” Paul said, echoing the views of the American Civil Liberties Union. “That’s part of what due process is — deciding, are you a terrorist? I think it’s important that we not allow U.S. citizens to be taken.”

Bet you never thought you would see Rand Paul agreeing with the ACLU, did ya?

This should make for some interesting discussion, not only here but also in the media and on the campaign trail.

Do you believe in the rule of law?

OR

Do you think threats to your safety and security call for negation of basic rights conveyed upon us by the Constitution?

What happens the day an American citizen resists an attempted arrest by US military personnel?  Well, that citizen would probably end up dead but his family might be able to use the argument laid out in Runyan v. State (1877) 57 Ind. 80, 20 Am.Rep. 52 in which the Court ruled

When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justiciable.

Or maybe the argument in John Bad Elk v. U.S. (1900) 177 U.S. 529, 44 L.Ed. 874, 20 S.Ct. 729 would be more relevant

Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.

Ceding Liberty to Terror: Senate Votes Against Due-Process Rights

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One response to “Senate votes to support violation of the Constitution

  1. I don’t care what anyone says, this bill is a direct threat against the american people. Who could possibly trust this government. This government has been lying to its own people and the world for years. This law turns America into a police state. It’s guts habeas corpus rights. The senate might as well have burned the constitution.

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