By Dr. Harold Pease
The Republican Presidential Debate held in Myrtle Beach, South Carolina finally brought to light a real divide, other than on Iran, between the candidates. The issue was The National Defense Authorization Act, signed into law by President Barack Obama December 31, 2011, with Ron Paul and Rick Santorum viewing it as a threat to civil liberty and unconstitutional and Mitt Romney decidedly supporting it. Neither Rick Perry nor Newt Gingrich was asked to give their view. I could find nothing in print revealing a position for either on the extremely controversial law. This is very unfortunate as Sections 1031 and 1032 authorize the military to arrest and indefinitely detain U.S. citizens without charge or trial—even on U.S. soil. Since either could be the one exercising this power we should know where they stand.
Popularly referred to as the “indefinite detention act” the new law authorizes the military to arrest citizens suspected of being terrorists on the say-so of the president or the military alone. No real proof needed. It voids the Posse Comitatus Act of 1878 prohibiting the military any law enforcement authority on U.S. soil and voids much of the Bill of Rights as well. Americans now can be extradited to Guantanamo without benefit of trial, judge, or jury and held indefinitely—even tortured (see Section 1068). Activists on both the left and right vehemently oppose it, the one believing that it could eventually be twisted to apply to Occupy Wall Street participants and the other Tea Party participants. Each group has been referred to as terrorists by their enemies.
As mentioned the strongest support for The National Defense Authorization Act came from Mitt Romney. When asked if he would have signed the bill into law as had President Obama, Romney answered emphatically, “Yes, I would have.” He continued. “I do believe it is appropriate to have in our nation the capacity to detain people who are threats to this country, who are members of al Qaeda. Look, you have every right in this country to protest and to express your views on a wide range of issues, but you don’t have a right to join a group that has challenged America and has threatened killing Americans, has killed Americans, and has declared war against America. That’s treason. In this country we have a right to take those people and put them in jail.” That may be Governor, but only after they have been tried and convicted in accordance with the Bill of Rights with the assumption that they are innocent until proven guilty.
Romney recognized that such power exercised by one man could be abused “but I don’t think he (President Obama) will abuse this power, and if I were president I would not abuse this power,” he said. How naïve! This reminds me of the famous Richard Nixon statement with respect to his authorization to break into Watergate. “If the President does it, it is not a crime.” Therein lies the problem. President Obama may never abuse such power, nor may a “President” Romney, but somewhere down the line some president will have his enemies defined as terrorists and removed. The Constitution is written to protect us from that person. With opposition destroyed so would be liberty. No president should have such power. The Founding Fathers never allowed such trust in one person in the Constitution.
Such naivety is dangerous as is candidate Romney’s understanding of the U.S. Constitution and the Bill of Rights. Both flaws should cast doubt on his ability to protect these documents and lead a free people. Moreover, on the subject of treason, which a civil trial would determine, the Constitution requires the “witness of two or more to an overt act;” clearly not the voice of just one man who could benefit personally by the action.
Fortunately to his credit, Rick Santorum chimed in. “A U.S. citizen who is detained as an enemy combatant should have the right to a lawyer and to appeal their case before a federal court.” Unfortunately, no other candidate was invited to respond to this important question, but it was obvious that Ron Paul was not going to be ignored on the subject. Although not asked, he was able to get into the debate that holding American citizens indefinitely is a breach of the U.S. judicial system. An Internet search revealed much public discourse from him, and only him, in opposition to this law.
Dr. Harold Pease is an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 25 years at Taft College. To read more of his weekly articles, please visit www.LibertyUnderFire.org.