NDAA (national defense auth. act)

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MeMelYup
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Re: NDAA (national defense auth. act)

#16

Post by MeMelYup »

The way I read it, it's deffinately in violation of the Constitutional Ammendments 4', 5, 6, 7, 8, and 9.

Amendment 4 - Search and Seizure. Ratified 12/15/1791.
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 5 - Trial and Punishment, Compensation for Takings. Ratified 12/15/1791.
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 offense 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 6 - Right to Speedy Trial, Confrontation of Witnesses. Ratified 12/15/1791.
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.

Amendment 7 - Trial by Jury in Civil Cases. Ratified 12/15/1791.
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 8 - Cruel and Unusual Punishment. Ratified 12/15/1791.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment 9 - Construction of Constitution. Ratified 12/15/1791.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

longtooth
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Re: NDAA (national defense auth. act)

#17

Post by longtooth »

Excellent review.
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Ashlar
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Re: NDAA (national defense auth. act)

#18

Post by Ashlar »

The only upside I see is that this is a one year law. Next year dunderheads in the congress better not try to include it.
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Dragonfighter
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Re: NDAA (national defense auth. act)

#19

Post by Dragonfighter »

What was Woodrow Wilson's law called, the Sedition Act? Sounds a lot like it.
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VoiceofReason
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Re: NDAA (national defense auth. act)

#20

Post by VoiceofReason »

powerboatr wrote:
hi-power wrote:http://www.courthousenews.com/2012/01/04/42737.htm
...
During congressional debate, Sen. Carl Levin, D-Mich., who co-sponsored the bill, said the Obama administration instructed him to keep U.S. citizens subject to the detention statutes.
...
yes and thats what bothers me.
remember speaker pelosi telling the world that the tea party or anyone protesting bad government were on the lines of terrorists? then janet to say veterans were or could be homegrown terrorists.
but then she said the occupy nuts were OK :biggrinjester:

one swift order and we could all be on a plane with a black hood.
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God Bless America, and please hurry.
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Andrew

Re: NDAA (national defense auth. act)

#21

Post by Andrew »

nice perspective piece
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