Thomas Jefferson wrote in the declaration of independence, “Governments are instituted among Men, deriving their just powers from the consent of the governed, - That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.” Today we can see our own Congress being destructive, quickly taking away the rights that we are given by our creator that are protected in the Constitution. One of the most evident and recent examples of this is the passing of the national Defense Authorization Act a few months ago.
This bill allowed for Americans who are suspected of terrorism to be seized, indefinitely detained, all without formally being charged or having even committed a crime. Here was a bill that was supposed to protect Americans from the terrorist that threatened our freedom. However all this bill does is trample on the constitution and spit in the face of the principles on which this country was founded upon. First off the people who are suspected of being terrorists are also suspected of being traitors. In Article III, Section 3 of the constitution it states, “No person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.” Next Amendment IV states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” Being detained for mere suspicion of terrorism definitely constitutes an unreasonable seizures of your person.
Amendment V says, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury… nor shall (any citizen) be compelled in any criminal case to be a witness against himself , nor deprived of life, liberty, or property, with due process of law.” The NDAA violates everything this amendment says and makes the due process of law null and void. Amendment VI states that the accused shall have the right to a public trial and Amendment VII assures that no cruel or unusual punishments will be inflicted. Both of these amendments are smitten in the face of this bill.
According to the 1803 Supreme Court Case, Marbury v.Madison Congress cannot pass laws that are contrary to the constitution. Yet all save few members of congress had the tenacity to pass this bill that says otherwise. This one bill shows that congress no longer serves the best interest of the American Public.