Rand Paul's victory over the NDAA Indefinite Detention clause

Senators Rand Paul, Feinstein and Lee take some of the teeth out of the indefinite detention clause of the NDAA Photo: Image Credit: AP Images

DALLAS, November 30, 2012 — Senator Rand Paul, speaking before the Senate on Wednesday said: “If you don’t have a right to trial by jury, you do not have due process. You do not have a Constitution. What are you fighting against and for if you throw the Constitution out? When zealots of the government arrest suspects or radicals without warrants, hold them without trial, deny them access to counsel or admission of bail, we have shorn the Bill of Rights of its sanctity.”

Earlier this month we learned that Sen. Paul was planning to force a vote on an amendment to protect the rights of American citizens detained under the controversial 2012 National Defense Authorization Act (NDAA). 

The NDAA is a federal law that is passed every year, specifying the budget and expenditures of the US Department of Defense, although each year’s act also includes other provisions. The explosive 2011-2012 NDAA bill included a wildly unpopular clause in Section 1021 which provided for the indefinite detention without trial of American citizens judged to be involved in terrorism or “belligerent acts” against the US.

Sen. Paul has been a vocal opponent of the indefinite detention clause in the 2011-2012 NDAA bill, lamenting what he considers “Orwellian” developments and staunchly defending the right of all American citizens to a jury trial. For two weeks he has been threatening to put the 2013 NDAA bill on hold unless he was granted a vote on his amendment to restore the jury trial rights of Americans in military detention.

Liberty activists were hoping that the massive public outcry which ensued following the passage of the 2011-2012 NDAA bill would pressure some Senators to swing over to Paul’s side. However, due to the fact that his colleagues in the Senate this lame-duck session were mostly supporters of last year’s NDAA bill, Paul’s chances of getting them to undo that legislation seemed slim.

On Wednesday evening, something different happened.

Rand Paul rose to speak in support of a different amendment. Amendment #3018 was sponsored by California Sen. Feinstein and Mike Lee of Utah. It provides that,

“an authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States.”

And, would you believe it?, the Senate did something right. Granted, it was merely an undoing (and an admittedly partial one) of something that was already horribly wrong. Nevertheless, it was a mighty demonstration of the power of the irate and tireless minority when the amendment passed the Senate just a few hours ago.

The vote was 67-29.

Marring an otherwise joyous occasion was the sad realization that while the supporters of jury trial rights for American citizens are no minority at all among American citizens, but rather a massive majority, they are represented by only a minority – though a noble and brave one – in the Congress of their representatives. That is appalling.

A history buff, self-taught artist, and enthusiastic autodidact, Bryana brings her always politically incorrect and usually passionate views about politics and the theory of government to her readers. In addition to writing for the TWTC, she also writes for The College Conservative and maintains the official High Tide Journal at www.thehightide.com. You can also find her on twitter at @_Bryana_Johnson and on facebook

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A history buff, self-taught artist, and enthusiastic autodidact, Bryana brings her always politically incorrect and usually passionate views about politics and the theory of government to her readers. In addition to writing for the TWTC, she also writes for The College Conservative and maintains the official High Tide Journal at www.thehightide.com. You can also find her on twitter at @_Bryana_Johnson and on facebook

A history buff, self-taught artist, and enthusiastic autodidact, Bryana brings her always politically incorrect and usually passionate views about politics and the theory of government to her readers. In addition to writing for the TWTC, she also writes for The College Conservative and maintains the official High Tide Journal at www.thehightide.com. You can also find her on twitter at @_Bryana_Johnson and on facebook.

Read more: Leahy Senate Bill provides for Federal e-mail, Facebook and Twitter access without search warrant | Washington Times Communities
Follow us: @wtcommunities on Twitter

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Bryana Johnson

Passionate about liberty, and the theory of government, Bryana serves as the vice president of a local political club and reports on political happenings around the globe.
 
In addition to her political activities, Bryana has won prizes in multiple poetry contests and her first poetry collection, Having Decided To Stay, was released in 2012. She writes regularly about the good life, literature and the world’s great Lover over at www.bryanajohnson.com. You can follow her on twitter at @_Bryana_Johnson and on facebook. 

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