Defense Authorization Act Will Destroy Bill of Rights

ED NOTE : If Sherwood Ross’ article Defense Authorization Act Will Destroy Bill of Rights is accurate when it states that the Military will be authorized to arrest and hold anyone without access to legal representation, habeas corpus, or trial, then the Law itself is unconstitutional and all it will take is a finding in the US Supreme Court to that effect to nullify it.

It is quite simple and straightforward. The Constitution of the Unites States of America clearly prohibits the Congress from passing any law which is in conflict or contradiction with any of the guaranteed provisions of the Constitution or its amendments. If the Congress wishes to pass such a law, it must first amend and gain ratification of suspension of those rights of habeas corpus, legal representation, and trial which are fundamental to the Constitution.

Now…” finding in the US Supreme Court”  just might take some doing but, that is the Law as established by the foremost and fundamental legal document in the USA,  including this one, must derive, and depend.

This law seems to be in direct violation of the principles of  Articles I, IV,V and VI at a minimum…that is forty percent of the guarantees of personal Freedoms granted directly, unequivocally and irrevocably to the people of the US.

The Bill of Rights (Amendments 1 through 10)


Senators Carl Levin (D-MI) and John McCain (R-AZ) are the sponsors of the Bill

by Sherwood Ross


The grim face of totalitarianism is emerging in the National Defense Authorization Act(NDAA) now before Congress.

This bill is the last mile post on America’s sad, well-traveled road to the butcher shop of dictatorship. We have been headed that way for some time and, with a little help from Congress, we’ll arrive there shortly, putting an ugly end to the American experiment. The Senate December 1st passed the bill by a vote of 93-7.

In the name of “defense,” NDAA underwrites $662-billion for continued U.S. aggression in our many foreign wars while, on the domestic front, it incinerates the last surviving shreds of the Bill of Rights. According to the American Civil Liberties Union(ACLU), it authorizes presidents “to order the military to pick up and imprison people, including U.S. citizens, without charging them or putting them on trial.” (!!!!!!!!!!!!!!!!!!!!!) So much for Amendment VI to our Constitution that “the accused shall enjoy the right to a speedy and public trial.”

Just destroying your protection against arbitrary arrest and imprisonment means the bill’s authors Senators Carl Levin of Michigan and John McCain of Arizona don’t have to bother with junking anything else. Once you’re imprisoned you won’t need any other “stinkin’ rights.”

The ACLU charges the provisions of NDAA “were negotiated by a small group of members of Congress, in secret, and without proper congressional review (and), are inconsistent with fundamental American values embodied in the Constitution….(our) fundamental freedoms are on the line.”

A few years back, President Carter denounced the Patriot Act for authorizing federal agents “to search people’s homes and businesses secretly, to confiscate property without any deadline or without giving notice that the intrusion had taken place, and to collect without notice personal information on American citizens including their medical histories, books checked out of libraries, and goods they purchase.” The NDAA is far worse than that.

According to Noam Chomsky, the arbitrary arrest philosophy in this country dates back to the Bush regime. “The current (Bush) government,” he writes in “Imperial Ambitions”(Metropolitan Books, 2005), “has claimed rights that go beyond any precedents, including even the right to arrest citizens, hold them in detention without access to their family or lawyers, and do so indefinitely, without charges.”

“What the American People are witnessing now with this new legislation is the further development of an American Police State into a Military Dictatorship, a process that was started by the so-called USA Patriot Act in 2001,” says Professor Francis Boyle, the constitutional law authority at the University of Illinois, Champaign.

University of Illinois Law Professor Francis A. Boyle

“If it is enacted into law, America will lose all pretense of having our Military subjected to the control of democratically elected civilian leaders as originally envisioned and required by the Constitution. Our experiment in 1776 will have failed,” adds Boyle, author of “Tackling America’s Toughest Questions”(Clarity Press.)

President Obama is already exercising his kingly right to rain Hellfire missiles from drone assault planes down on any human being anywhere on the planet without a legal authorization. This is called assassination as it is utterly devoid of any semblance of rudimentary justice. Unfortunately, the president appears to have no qualms about his actions. Will such a man hesitate to arrest Americans on suspicion and imprison them for years, or worse, without trial?

Paul Craig Roberts, Assistant Secretary of the U.S. Treasury in the Reagan Admin. and confirmed by the US Senate

Adds the prescient Paul Craig Roberts, “The (Obama) regime’s objection to (the) military detention (provision in NDAA) is not rooted in concern for the constitutional rights of American citizens. The regime objects to military detention because the implication of military detention is that detainees are prisoners of war…(and) detainees treated according to the laws of war have the protections of the Geneva Conventions. They cannot be tortured. The Obama regime opposes military detention, because detainees would have some rights. These rights would interfere with the regime’s ability to send detainees to CIA torture prisons overseas.”
Perhaps this is a good time to remind swindled American taxpayers that totalitarianism is what comes of funding a perpetual warfare state that spies on all global communications, builds the greatest military in human history, assassinates foreign leaders, overthrows elected governments, invades small nations based on lies to seize their natural resources, and threatens the world from its 800 military bases.
The NDAA perpetuates all this and now endows the criminal leadership in Congress and the White House with the weapons to turn upon their own.

The only senators with guts to oppose the bill were Democrats Tom Harkin of Iowa; Ron Wyden and Jeff Merkley of Oregon; Republicans Tom Coburn of Oklahoma, Mike Lee of Utah, Rand Paul of Kentucky; and Independent Bernie Sanders of Vermont. As Sen. Paul asked during the debate, “Under the provisions, wouldn’t it be possible, then, that an American citizen could be declared an enemy combatant and sent to Guantanamo Bay and detained indefinitely?”

If you don’t call your congressperson today to stop the NDAA, you are not likely to enjoy the blessings of liberty tomorrow. The light in the torch of the Statue of Liberty has already been snuffed out by our illegal foreign wars. The final disgrace will be to imprison the beautiful lady behind the barbed wire of the NDAA.




Edited by : Debbie Menon

The views expressed herein are the views of the author exclusively and not necessarily the views of VT, VT authors, affiliates, advertisers, sponsors, partners, technicians, or the Veterans Today Network and its assigns. LEGAL NOTICE - COMMENT POLICY

Posted by on December 8, 2011, With Reads Filed under Government. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.

17 Responses to "Defense Authorization Act Will Destroy Bill of Rights"

  1. Kathy  December 11, 2011 at 11:31 am

    Jim-where is that clause exactly? Do u have a specific reference # in S. 1867 I can refer to? After reading and searching S. 1867 I simply CANNOT find anything. Thank you Jim.

  2. Kathy  December 11, 2011 at 11:21 am

    I hope someone can help with my confusion on S.1867. I’ve read Sections 1031, 1032, and the Udall Amendment SA 1107. I have to agree it EXCLUDES US citizens. However, upon reading the Udall Amendment it reads to INCLUDE US citizens. Something is rotten in Denmark! Is this fear mongering to silence OWS and millions of other angry Americans? Surely these Senators are not stupid and ignorant to think this law will not apply to them as they are the true “enemy combatants”. Has anyone else actually READ S. 1867? The above information from Joe is exactly what I read on
    Any ideas on what’s really going on here?

  3. LOB2065  December 10, 2011 at 5:38 pm

    The British Parliament has urged the government to do more to protect British citizens by renegotiating its extradition treaty with the United States. The House of Commons agreed on Monday without a vote that extradition between Britain and the U.S., as well as Britain’s involvement with the European Arrest Warrant (eaw), must be “urgently renegotiated.

    The main issue is that the US no longer recognises Habeas Corpus.

    There are three points I wish to make;
    1) Habeas Corpus is one of the most important laws to be passed in the Western legal system.
    2) The US has a history of confiscating ‘enemy assets’ – Merck Pharma, a German company, WW2. Japanese citizens WW2.
    3) Religious fervor has been turned on others in the past – that is no reason why it could not be turned on the Jews today – no one is safe.

    The reason we have Habeas Corpus is to protect all of us – because at any point in time a fervor could be used against the group we belong to, to suit the current situation.

  4. theoldhippy  December 10, 2011 at 2:34 am

    It seems to this old vet that the United States Congress has just declared war on all of the citizens of the US. It may be the true “Pearl Harbor” event. Us against them.

  5. Debbie Menon  December 9, 2011 at 11:32 pm

    The Preamble to The Bill of Rights (my emphasis in bold)

    Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

    THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

    RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.
    ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

    Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

    Amendment II A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

    Amendment III
    No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

    Amendment IV 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.

    Amendment V
    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same _______________________________________
    to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

    Amendment VI
    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 defense.

    Amendment VII
    In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

    Amendment VIII
    Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

    Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

    Amendment X
    The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

    Amendments 11-27

    You seem to have a number of choices here…. Granted, according to the will of the Congress, and I quote its expressed intent from above, ” …in order to prevent misconstruction or abuse of its powers,….” “Abuse of powers.” Key words in this instance.

  6. Jim  December 9, 2011 at 9:49 pm

    Joe, there is another clause that removes the exemption for US Citizens inside the USA. Unfortunately like most laws, this one has plenty of smoke and mirrors and is written like a big inkblot test with plenty looseness for wide ranging interpretations which aid tyranny. Even the ACLU says this is a very dangerous law for the average citizen stateside and is completely UnConstitutional.

  7. Jim  December 9, 2011 at 9:41 pm

    If this NDAA bill is passed in a final form and signed into law with the current completely unConstitutional clauses, then anyone voting for it has committed HIGH TREASON and SEDITION and has worked to destroy the Republic of the USA.

    You might ask, why is this High Treason, that must involve aiding a foreign based enemy? Well, this law aides a major foreign entity, an international crime syndicate known as the World Banksters run out of “the City” of London (a known complete enemy of our Republic according to Andrew Jackson, and several distinguished Congressman over the years including Lindberg and Wright Patman. This offshore bvankster entity is actually a separate country like the Vatican which has its own ambassadors and has tentacles reaching into all aspects of int’l merchant banking, drug money laundering, war profiteering, and many forms of high financial fraud and crimes (eg asset stripping of whole countries via its operational center the IMF and world bank–don’t believe it, read books written by John Perkins, eg “I Was An Economic Hitman”). This foreign enemy is located offshore at its center but has worldwide reach and has corrupted and bought almost all of our politicians inside the beltway. It speciallizes in using cutouts like the elepant in the living room, ie the flesh peddlers who instituted culture war against our citizens and uses them to start wars, institute false flag attacks and do much of their dirty work stateside here. It has created a large financial foodchain that most officers and heads of int’l mega corporations must climb and pay homage to in order to attain any real position, success, power and wealth. Many of the 70,000 K Street lobbyists are its bagmen who dispense vast amounts of funds, perks and revolving door jobs to politicians, bureaucrats, military high command, and pentagram officials. These ae the visible influence peddlers, but the real puppet masters are ald decrepit men who are pure sociopaths.

    This law, if passed in current basic form is nothing less than an attempt to provide vastly increased dictatorial, non-appealable power to this offshore enemy which has already bought, bribed, compromised and hijacked most of our federal govt and major corporations and instututions. This vast increase in available power this law would provide will be used to try to keep the citizens from ever taking back their central govt from this giant international syndicate, which Congressman Lindberg from Minnesota called the world’s largest money monopoly back in 1913.

    Now if this law is passed in current form, it is also Sedition, which is a formal conspiracy to destroy the US Constitution and its Bill of Rights and thus destroy the Republic of the United States of America. This NDAA of 2011 is the most sinister, evil law ever proposed in the USA and is pure treason and sedition. It is the illegitimate stepchild of the Patriot Acts, the Military Commssions Act, and the ceation of the new amerikan gestapo, homeland seeecurity. The Congressmen and Senators who voted for it should actually be immediately impeached, indicted, arrested, tried, convicted and given the appropriate sentence which is actually quite severe according to law. Remember these politicians and bureacrats and high military all took the oath to uphold the US Constitution and defend our Republic from ALL ENEMIES, foreign and domestic. The problem is that there is likely no-one in high positions with the will or the power to enforce the laws and drive these folks from office. And the Supreme Court has probably been stacked with enough sociopaths and completely compromised individuals to prevent any real enforcement of the basic rule of law supposed to be guaranteed by the US Constitution. If passed this law can be used as a pretext to stop all elections if the shadow govt decides to institute another 911 type false flag standown attack or staged phoney attacks from black ops dressed up like “domestic terrorists” or returning vets. Is it a mere coinciodence that fema prison internment centers (actually prison camps) are being placed on activated 72 hour hold all accross America (bids are being taken now).

    When the shadow Govt instituted a military/intel coup de etat to assassinate JFK, they should have been briought to justice, but the false cloak of national security and the abuseive pwer of intel and the Justice dept was used to cover up this crime of the 20th century and theaten and even murder many witnesses. The same stands true for Waco, Ruby Ridge, Murrah, and the Twin Towers #1 attack. When folks let the shadow govt institute the “no fly list” (unappealable secret decisions often in error), or acepted John Yoos declaration that torture is legal, or extraordinary renditions are legal with no trials or any legal rights even against US citizens, or assassinations are okay just as long as there is a signed finding from any top US official, this opened the door to complete tyranny which has been occurring progressively ever since. Once a person is arbitrarily placed on the no fly list or secret terror watch list there is no appeal available, no way to get off, even if arbitrary or mistaken, which it is at least 25% of the time. This is also pure treason, sedition and technically RICO crime. And now the criminal TSA daily sexually assaults women, old folks and even children and infants (diaper checks!) and gets away with it (which is a sexual crime by any normal standards especially according to the FBI’s own new definition of sexual assault.

    But there is a little new hope here, because the pilots in mass told the TSA to back off or else. And the TSA made an exception for them. If the public did the same, the TSA would be essentially gutted overnight and the unhuman sociopathic demons running it would be out of work. If folks in mass will start declaring “never again” and mean it, a major societal tipping point can be reached and many unexpected changes for the good will spontaneously arise. Mass awareness is the first stage of socuial change and Veternas Today is doing a great job getting the truth out there to make folks aware and wake the sheeple up.

  8. Joe in San Francisco  December 9, 2011 at 4:32 pm

    Dr. Chill at the Daily KOS looked up the actual bill and found it did make a distinction not properly referenced in the article: the Draconian measures don’t apply to Americans. See below:

    1031 Authorizes the Military to Detain Terrorists, except Americans
    ” … AUTHORITIES.—Nothing in this section shall be
    11 construed to affect existing law or authorities, relating to
    12 the detention of United States citizens, lawful resident
    13 aliens of the United States or any other persons who are
    14 captured or arrested in the United States.

    1032 Requires the Military to Detain Terrorists, except Americans

    … The require-
    11 ment to detain a person in military custody under
    12 this section does not extend to citizens of the United
    13 States.

  9. DaveE  December 9, 2011 at 4:18 pm

    I just got an email form-letter from one of my SenateWhores, a Democrat, explaining why he voted to trash the Bill of Rights.

    Apparently, he was oh-so-concerned about the indefinite detention without charges provision, but alas, voted for it anyway because it “contained important safeguards for our troops.” (“He” didn’t bother to explain what they were, however.)

    So, how much lower can this filthy scum sink? Once again, our soldiers are being used to justify fascism, war crimes and every manner of moral depravity the zionist reptiles can cook up. There just isn’t a word in the English language to describe the filth that has infested our country and its government.

  10. mike forpahl  December 9, 2011 at 4:05 pm

    Are the congress and the senate considered the same bodies of gov’t? The constitution states that “congress shall pass no laws…” does that also apply to the senate where the bill was drafted?

  11. foo  December 9, 2011 at 1:52 pm

    @ ED NOTE

    “…then the Law itself is unconstitutional and all it will take is a finding in the US Supreme Court to that effect to nullify it.”

    Are you serious? This is (mostly) the same Supreme Court that (s)elected Dubyah as POTUS, ruled that a city can invoke eminent domain to increase property tax revenues and, most recently, ruled that corporations, as artificial persons, have the right to buy elections.

    And you still believe that that same den of iniquity would rule against the NDAA provisions? Even if your confidence were justified, how many people would be locked up in the years before the Supreme Court decided to hear the case? And please remember that the Supreme Court is not obligated to hear any particular case — they could decide not to rule on the NDAA.

    “What the American People are witnessing now with this new legislation is the further development of an American Police State into a Military Dictatorship, a process that was started by the so-called USA Patriot Act in 2001,” says Professor Francis Boyle, the constitutional law authority at the University of Illinois, Champaign.

    Yes! Let’s stop using the term “police state.” Let’s follow his example and refer to the United Sates of America as what it has truly become — a military dictatorship.

  12. DaveE  December 9, 2011 at 1:11 pm

    I’ll bet that zionist rodent Carl Levin has already written his follow-up bill, the National Israel Allegiance Mandate Act, allowing his cohorts to define a “terrorist” as anyone who dares to expose the truth about Israel’s ongoing crimes.

  13. PAUL LEO FASO  December 9, 2011 at 11:54 am

    The level to which the self inflected false flags have destroyed our liberty is now apparent in the drum beat for more war driven by the Islamophobic simpletons in Congress. Playing the 9/11 deception card to the final last gamble with freedom, Congress insults the dead in Arlington and all those who gave their lives so that this contemptible tyranny never would come to our nation especially by an enemy within.

    While the merits of the proposed law will find judicial review enough to invoke the Supreme Court to reflect on Madison vs Marbury, which basically ruled that any law which is repugnant to the Constitution is null and void, it still will be up to the people to ignore it, along with the cowards who voted for it.

    There is no law here or anywhere in the universe that can dispense of our rights, they are unalienable.

  14. Debbie Menon  December 9, 2011 at 9:08 am

    Thanks Dan. It’s Sherwood not Littlewood 🙂

  15. Dan  December 9, 2011 at 8:51 am

    Hell coming to America, nicely summarized by Mr. Littlewood and the editor. This is only half the picture, however. These apparatchiks of the NWO in Congress are simultaneously destroying the middle class economically so that there can be no concerted opposition to the coming police state, while they have the gall to speak about job creation.

    The Fed’s inflationary policies that have transferred about half America’s wealth to the banksters (who own McCain and Levin) has had the simultaneous effect of a stealth tax of about 13% off the top of incomes in 2011 alone. Just wait until next year. An article by Dan Amerman posted on Market Oracle shows that the effect of the Fed’s policies is also a hidden tax of about $500 billion on middle class savings. You should read that again.

    Calls to “tax the incomes of the rich” will never reach the wealth of the rich or make a dent in the deficit, leading inexorably to calls for the middle class to pay their “fair share” of higher taxes on top of what they already pay, on top of the government’s expropriation through inflation. The true colors of billionaires like Gates, Buffet, and the Wall Street cabal would be exposed if a brave member of Congress introduced a bill calling for the taxation of all wealth of over, say, $100 million in this country as representing an obvious moral hazard and concentration of power inimical to a democratic people.

    Necessarily, inflation is part of the overall tax burden, or looking at it another way, which is the same thing, it is a stealth cut in wages and expropriation of savings. That is why this Congress will never audit the Fed or determine who exactly has made off with the 8,800 tons of our gold reserves, which is likely the case.

    How closely this situation parallels that in Bolshevik Russia is startling, where the middle class as opposition is economically purged while simultaneously a Cheka, or DHS in our case, imposes a reign of terror on the people. A better guide to what’s in store for America would be The Black Book of Communism than the our former Constitution.

  16. P40BOB  December 9, 2011 at 7:20 am

    The Veterans Administration already does this and more especially if you have PTSD. They say they put you in a VA mental ward because you had a mistaken beleif that the VA had made a diagnosis mistake in your cases for 30 years. Well they hadm but the VA forgets to say you won this case at BVA and proved your point.They say thay can do this using a state law in Ohio, 5122.10, but this law say that you would have to be probated and your attorney would have to be present. This was never done and all my records say is that I was probated???? Then after you are declared not a threat to yourself or others you are released and your records are to be expunged. My records were never expunged??
    The VA hides behind this law but never abides by it. Now I’m suppose to be put on a Fee Basis card for my PTSd as the VA admits it can’t treat me after what they did. Also the records at this VA mental ward say I was tested for HIV?? I diodn’t let them test me for anything and I didn’t as required by VA regs and government laws say that I would have to have given my permission to have this test done, I gave no permission and didn’t have this test. be very careful witht he VA’s mental health, they make up the laws as they go here in Ohio. TO THE VA, VETERANS HAVE NO RIGHTS.

  17. NavyBrat  December 9, 2011 at 1:21 am


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