The Senate Just Shredded The Constitution

by Robert Wilkinson

Though President Obama has vowed to veto it, this is the first step toward absolute fascism. The Senate just passed extremely alarming legislation that would allow the US military to imprison anyone, anywhere, any time they want to, for an indefinite period.

It's not law yet, since the House also has to approve a joint version. Then it gets sent to the Preznit for signature or veto. So far he's indicated he's got a backbone and will uphold the Constitution.

A lot of heavyweight thinkers and civil liberties activists are weighing in on this, as it will take away the civil rights of all Americans who don't think like the powers that be. While pondering what to say about this fascist legislation, I found a great opinion piece by Ray McGovern at Consortiumnews.com called "Are Americans in Line for Gitmo?"

This is not alarmist hyperbole. Ray is one of the most respected people out there, having been an Army officer and then CIA analyst for a total of 30 years. He now serves on the Steering Group of Veteran Intelligence Professionals for Sanity (VIPS). For him to write what he does is enough to make us all sit up and take notice, since this is threatening everyone's freedoms on every level.

From the piece:

Ambiguous but alarming new wording, which is tucked into the National Defense Authorization Act (NDAA) and was just passed by the Senate, is reminiscent of the “extraordinary measures” introduced by the Nazis after they took power in 1933.

The Senate bill, in effect, revokes an 1878 law known as the Posse Comitatus Act, which banned the Army from domestic law enforcement after the military had been used —and often abused — in that role during Reconstruction. Ever since then, that law has been taken very seriously — until now. Military officers have had their careers brought to an abrupt halt by involving federal military assets in purely civilian criminal matters.

But that was before 9/11 and the mantra, “9/11 changed everything.” In this case of the Senate-passed NDAA – more than a decade after the terror attacks and even as U.S. intelligence agencies say al-Qaeda is on the brink of defeat – Congress continues to carve away constitutional and legal protections in the name of fighting “terrorism.”

Detainees at Guantanamo Bay in 2002

The Senate approved the expanded military authority despite opposition from Defense Secretary Leon Panetta, Director of National Intelligence James Clapper and FBI Director Robert Mueller – and a veto threat from President Barack Obama.

The Senate voted to authorize – and generally to require – “the Armed Forces of the United States to detain covered persons” indefinitely. And such “covered persons” are defined not just as someone implicated in the 9/11 attacks but anyone who “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.”

Though the wording is itself torturous – and there is a provision for a waiver from the Defense Secretary regarding mandatory military detentions – the elasticity of words like “associated forces” and “supported” have left some civil libertarians worried that the U.S. military could be deployed domestically against people opposing future American wars against alleged “terrorists” or “terrorist states....”

....What’s to prevent one of my former colleagues at the military or the CIA — those I have roundly criticized for endorsing and cheering on the kidnappers, torturers and assassins in their employ — from adding me to the “kill-or-capture-but-preferably-kill list”?

...Backed by a John Yoo-style “legal justification,” an order could be issued to “terminate” me, while reassuring my neighbors that, yes, just as you suspected, he was a terrorsymp. ("Terrorist Sympathizer" - Ed.) Or maybe they’ll simply order some troops from the 82nd Airborne at Fort Bragg, where I was stationed a half-century ago, to apprehend me and give me a free one-way ticket to Guantanamo.

After all, how bad could that be? Former Defense Secretary Donald Rumsfeld explained to CNN’s Wolf Blitzer in June 2005 that the detainees at Guantanamo were “living in the tropics. They’re well fed. They’ve got everything they could possibly want.” And would Rumsfeld lie?

By all means, please go to the original article, "Are Americans in Line for Gitmo?" if you're interested in knowing a lot more about what's going on. The article is elaborate, and explores the nuances of this disastrous legislation, including a discussion of what the language could be construed to mean, such as who would be considered a "hostile," an "enemy combatant," the possible meaning of "belligerent act" and “substantially supported... associated forces that are engaged in hostilities..."

In one chilling vector of analysis, he explores how these terms are defined could be used against human rights' workers globally if they were "belligerent" toward human rights' violators and military allies of the US. And yes, even a non-violent protest can be "belligerent." No one is safe.

I'll leave you with a blunt assessment by Christopher Anders, senior legislative counsel for the American Civil Liberties Union,” lifted from the article:

“‘Since the bill puts military detention authority on steroids and makes it permanent, American citizens and others are at greater risk of being locked away by the military without charge or trial if this bill becomes law."

Looks like Uranus in Aries square Pluto in Capricorn is going to offer us some form of Divinely inspired Ragnarok. "Destruction of the powers" indeed!

© Copyright 2011 Robert Wilkinson

Comments

[dcu]

What is instructive here is to consider the recent abuses of already existing legislation. It is well documented that the FBI, Homeland Security, NSA, et. al. have repeatedly violated the spirit and the letter of the law regarding warrantless searches, wire taps, etc. on a wholesale scale. Demonstrators at the Republican National Convention were illegally detained. "Power corrupts, absolute power corrupts absolutely" has never been more true. This abrogation of the Posse Comitatus Act is very serious indeed, considering that if it passes it will surely be abused by those in power.

[Nicolas]

Lot to think about. Could it be that "the system" is getting ready to react or act against the people that are begining to awaken and seek change?
Why does the military has to do what is really police work? Police work should be done under civil law and justice. The military has its own codes for military conditions (aka war) that now they want to stretch to normal citizens in normal life conditions.
There is hope with some people involved in politics to act with a social and Constitutional consciousness, but at the end, these issues have to dealt by the average citizens. The running of the country is to important to leave it to politichians! It is the citizens the ones that need to get the running of the country back. It all starts with personal awareness and sense of responsibility. A lot to do then.