Issue Position: NDAA: War on the Constitution

Issue Position

Author of the Constitution, James Madison, said "No nation can preserve its freedom in the midst of continual warfare." When President Obama signed the National Defense Authorization Act into law on January 1, 2012, Madison's dire warning became a reality - dealing another major blow to our fundamental freedoms. The NDAA has brought the battlefield to America. Section 1021 of the NDAA gives the President the authority to indefinitely imprison American citizens without a court hearing, both domestically and abroad.

I condemn this reckless expansion of powers of the Executive Branch. Many times since the heinous Alien and Sedition Acts of 1798 the Federal Government has trampled the Constitution - this time audaciously so. NDAA clearly violates the 5th Amendment. It undermines the critical protections that forbid government to deprive The People of their God-given right to defend themselves against charges brought by the government. Frighteningly vague language in NDAA Section 1021 would allow almost any interpretation of what constitutes a terrorist. Even if the section were better written, it would still be in violation of the Constitution. The Bill of Rights has no exceptions allowing for deprivation of a person's right to due process of law - even someone who may be considered a terrorist. Unwavering adherence to the rule of law is the foundation of our great Republic.

Provisions of the 2001 Patriot Act violate 1st and 4th Amendment rights. With the addition of NDAA Section 1021, the path toward tyranny is all but assured. There are those who say "I don't have anything to fear. I'm not a terrorist." To defend such a view, a person would have to claim government has never wrongly accused a person of a crime in the past and will never do so in the future. This is dangerously naïve considering the history of governments - including our own.

During WWII Americans of Japanese descent were rounded up by the thousands and sent to internment camps - not because they were caught spying or committing espionage or any crime at all. Instead, they were imprisoned because of their race. There is no justification for saying this cannot happen in America. It already has. If we don't stand up and demand our rights, they will be taken from us. That is why I support Congressman Ron Paul's proposed bill H.R. 3785 which repeals Section 1021 of the NDAA. If elected, I will submit a Senate version of H.R. 3785.

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