“Never forget that everything Hitler did in Germany was legal."
~The Reverend Dr. Martin Luther King, Jr
With the NDAA's indefinite detainment without due process clause, (meaning legally, the Federal Government can arrest anyone for anything at any time secretly) It is time to recognize that Mississippians could lose their right to a fair trial.
With new bills being introduced to take away our first amendment rights, we should be worried about the consequences of disagreeing with any legal policies the government wants to implement.
If there is a suspected terrorist or protester, they should have the right to a fair trial by a jury of their peers to determine if their actions were illegal, and to determine the extent of punishment under law.
We, the concerned citizens of the State of Mississippi, are calling for a Bill to exclude all citizens of our State from Clauses 1021 and 1022 of the National Defense Authorization Act, also known as the "NDAA Act". This act directly violates the Bill Of Rights' Amendments Four through Ten.
Sec. 1021 of the Nation Defense Authorization act states, the bill’s discretionary detention provision, authorizes the President to detain persons who “substantially supported” forces “associated” with al-Qaeda or the Taliban that “are engaged in hostilities” against the U.S. or its “coalition partners.” None of the quoted terms are defined. We do not know what constitutes substantial support, hostilities, or our coalition partners. Critically, the bill does not attempt to define “associated forces,” either. Without knowing what qualifies as an associated force, no one can be sure they are safe from the government’s detention.
Sec. 1022, of the Nation Defense Authorization Act includes the mandatory detention provision, which requires that the President detain members of al-Qaeda who have planned or carried out attacks against the U.S. or its coalition partners. Only sec. 1022 states that it “does not extend to citizens of the United States.”
- Rep. Justin Amash,
Sec 1022 is concerning because of future vague immigration laws. We could wind up paying for the mandatory indefinite detention of immigrants or of any citizen who may have their citizenship revoked in the future for unpaid debts.
The Fourth Amendment’s regulation of search and seizure:
“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.”
The Fifth Amendment – Concerning prosecution.
“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.”
The Sixth Amendment - Right to a speedy trial, witnesses, and an attorney
“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 defense.”
The Seventh Amendment – Right to a trial by jury.
“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 reexamined in any court of the United States, than according to the rules of the common law.”
The Eighth Amendment - Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
The Ninth Amendment’s recognition that the People retain rights.
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
The Tenth Amendment’s rights of the States under Constitution:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The Return Due Process to Mississippi petition to State of Mississippi was written by Clayton Kelly and is in the category Human Rights at GoPetition.