Do you think that the military detention of American citizens within the United States is unconstitutional and illegal? Why or why not?
Obama Signed Away Liberty, Ron Paul Did Not – National Defense Authorization Act (NDAA) 12/31/2011
"Section 1021 affirms the executive branch’s authority to detain persons covered by the 2001 Authorization for Use of Military Force (AUMF) (Public Law 107-40; 50 U.S.C. 1541 note). . . . I want to clarify that my Administration will not authorize the indefinite military detention without trial of American citizens. Indeed, I believe that doing so would break with our most important traditions and values as a Nation. My Administration will interpret section 1021 in a manner that ensures that any detention it authorizes complies with the Constitution, the laws of war, and all other applicable law."
Obama is verifying that his actions are in line with what other applicable law in addition to the Constitution? International law? Sharia law? He does not specify.
Any military detention of American citizens within the United States is unconstitutional and illegal.
First, it should be recalled that Obama pressured Congress to add the controversial language to the bill, according to Senator Carl Levin. Second, Signing Statements are not law, and are not a Constitutional power granted to the executive branch; any reassuring (or troubling) language within has no binding status– though it may shed light on the character of the chief executive and does signal a dangerous trend in de facto rule by “executive fiat”–-and does not indicate any deviation of intent from the law as written. The Constitution does not authorize the President to use signing statements to circumvent any validly enacted Congressional Laws, nor does it authorize him to declare he will disobey such laws (or parts thereof). When a bill is presented to the President, the Constitution (Art. II) allows him only three choices: do nothing, sign the bill, or (if he disapproves of the bill) veto it in its entirety.
Cf. http://blogsmithconsulting.blogspot.com/2011/12/coming-soon-americans-in-gitmo.html
Signing statements allow presidents to raise constitutional objections to circumvent Congress' intent. During his campaign for the White House, Obama criticized President George W. Bush's use of signing statements and promised to make his application of the tool more transparent. He has not. He signed this privately while on vacation (again) in Hawaii.
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