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NDAA passage perfect way to sully Bill of Rights Anniversary with a black eye

What a way to celebrate the 220th Anniversary of the Bill of Rights.  Yesterday, the House Passed the National Defense Authorization Act.  Each member of Congress, before assuming office, took an oath swearing to protect the Constitution, yet here we now have a Congress which has instead decided to ignore the fact that they are guardians of the Constitution.   Instead they have approved an act which now permits indefinite detention of anyone deemed a terrorist in America and overseas.  Section 1021 specifically contains some troublesome language, affirming that the President has the authority to deny due process to any American it suspects of "substantially supporting Al Queda, the Taliban or any  'associated forces'" – conveniently vague enough for abuse. The terms in the bill are so vague that it can really be applied to anyone the powers that be deems is an enemy. Essentially, Congress has granted the President the power to ignore the Bill of Rights and detain Americans without due process. 

So, a brief recap, since terrorists threaten the lovely liberties we wrap ourselves up with at night to keep warm, we now must rip this liberty blanket off or the terrorists win.

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Experience can be an inconsistent teacher.  Conservatives surely remember, just a couple of years ago when Janet Napolitano, Obama’s Homeland security czar put out a terror watch list which classified opponents of Obamacare, citizens expressing disapproval of illegal immigration, Iraq War Veterans, Pro-lifers, people against union thugism, people who choose to own guns or people simply carrying signs reading "don't tread on me" or denouncing the policies of the Obama administration as possible terrorists? 

Just this past August we had the Vice President of the United States and Rep. Mike Doyle (D-PA) calling Tea Party Republicans “terrorists.” Having spent the last seven years in California and now having the privilege to live in beautiful Colorado, I have heard many a time that those who refuse to worship at the church of global warming refer to global warming deniers as “environmental terrorists.”

Conservatives didn’t take long to get their panties in a bunch when the TSA started flexing their new muscles to grope and fondle us at U.S. airports, strip searching toddlers and elderly women all in the name of protecting us from the terrorists, in the name of security, they told us.

But now, not a single significant elected official, other than Rep. Rand Paul, has said anything about these broad new powers the President would have to detain American citizens if he labels them as terrorists, all amidst deafening silence from Republicans and the American people.

Conservatives love to wax poetic about having a healthy disdain for big government.   Yet, there has been not a single peep about this handing even more power over to this President, even though President Obama has presided over the greatest growth of big government since FDR.  Why should we believe that a president under whose watch we now are dealing with Fast and Furious, a president who has been perfectly fine ordering the dissemination of guns to Mexican drug lords, that have eventually killed American citizens, all in an effort to institute gun regulation, suddenly has a problem with being given the power to indefinitely detain anyone who he deems is a terrorist?

Let’s not forget this is the same president who just last week referred to the Fort Hood massacre as an incidence of “workplace violence.”  It does not surprise me one bit that Democrats are unwilling to exercise oversight of executive power and maintain civil liberties protections, but where are the Republicans?

I can understand why some may not worry about this because they have no fear of being mistaken for a terrorist. As an Indian-American who gets extra scrutiny at airports 100% of the time, I can understand why they have no need to worry.  People aren’t bothered because they have convinced themselves that this could only apply to Muslims and the idea being floated by people like Newt Gingrich, is that all Muslims or most of them are either terrorists or terrorist sympathizers, so who cares what happens to them?  Those people aren’t “real” Americans. 

Sen. Lindsey Graham, R-SC, makes chillingly clear the bill’s effect: “If you’re an American citizen and you betray your country, you’re not going to be given a lawyer … I believe our military should be deeply involved in fighting these guys, at home or abroad.”  Nevermind the fact that Article III of the Constitution expressly dictates even more stringent due process requirements in cases of charges of treason.  American citizens are entitled to legal representation after asking for it.  The whole point of a trial is to prove that the citizen has done whatever he is being accused of. That is what "presumed innocent" means. If you prove someone guilty of terrorist acts, feel free to detain and interrogate all you need to, but to do away with their right to even get an attorney is preposterous. 

Americans fail to identify the irony of what just happened yesterday.  That to protect the freedoms the terrorists hate us for, we must shred them, one by one.  Yesterday, Congress assured a remarkable double feat of ensuring America will never do anything to avert terrorism while breathing life into the illusion that eroding the constitution in order to keep Americans safe will.

, Boulder Conservative Examiner

Sunana Batra has worked on several political campaigns including those of Arnold Schwarzenegger, Senator John McCain and California state-wide propositions. She has written about a variety of public policy issues as a columnist for the North County Times in San Diego and continues to stay...

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