While you gathered with friends and family to ring in the New Year, President Obama signed into law HR 1540, more commonly known as the National Defense Authorization Act. The meeting in which Obama graced 1540 with his signature was held in secret, and few media sources have publicized the event. Not unlike the Patriot Act that preceded it, the NDAA uses deceptive, but appealing language to obscure its intended purpose. Despite signing the bill into law, the president confesses to having reservations over a clause that calls for the unchecked detention and interrogation of suspected terrorists. Procedure for determination of guilt does not seem to be properly outlined in the legislation, which has led a number of groups to suggest that officials might abuse their newfound power.
To what extent will Americans feel comfortable speaking out against injustice when the punishment for exercising their liberty might be indefinite detention? Does HR 1540 violate the Bill of Rights? Should security be prized higher than the freedom that makes it possible to, through deliberation, arrive at the best possible resolutions?
The 4th amendment of the Bill of Rights states that:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
In addition, the 6th amendment of the Bill of Rights states that:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
If our military is given the power to detain American citizens without probable cause, it strips them of rights guaranteed by the Bill of Rights, the very thing that made it possible to enact the U.S. constitution in the first place.
While the future is uncertain, your voice can make all the difference. If you have reservations, put them in writing. Urge the Supreme Court to evaluate the actual legality of the NDAA. Talk about it. Many people who were unsettled by the power the Stop Online Piracy Act would give to copyright holders spoke out against it. As a result, some organizations who at first expressed support for the measure have changed their stance. NDAA can be overturned if enough people openly express their disapproval of it.
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