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"The ultimate ownership of all property is in the state; individual so-called `ownership' is only by virtue of government, i.e., law, amounting to a mere user; and use must be in accordance with law and subordinate to the necessities of the State." -Senate Document No. 43, "Contracts payable in Gold" written in 1933.
Originally posted by Kali74
Whether or not the sections were intended for american citizens or not, the language is too loose and needs to change. No american on american soil should ever be detained indefinitely with no trial regardless of suspicion. There is just way too much that can go wrong there. Label someone a terrorist or belligerent (whatever that means) and poof they disappear. It's very easy to change the laguage of two sections of a bill, these senators are being ridiculously stubborn.
www.aclu.org...
UPDATE: Don’t be confused by anyone claiming that the indefinite detention legislation does not apply to American citizens. It does. There is an exemption for American citizens from the mandatory detention requirement (section 1032 of the bill), but no exemption for American citizens from the authorization to use the military to indefinitely detain people without charge or trial (section 1031 of the bill). So, the result is that, under the bill, the military has the power to indefinitely imprison American citizens, but it does not have to use its power unless ordered to do so.
Originally posted by daddio
reply to post by phishyblankwaters
I am only going to post thsi one more time here. ALL legislation, including the Constitutions, ARE and IS contract law. THERE IS NO COMMON LAW practiced in the world anymore because WE, the actual living souls and human beings, do not reject or REBUT the presumption!!!
You accept the LABELS as "resident" or "employee" and so on. WHY do you pay federal income taxes if you are NOT a federal employee? Thing is, you DID NOT rebut the claim THEY made that you ARE a federal employee or "state" employee. You name in ALL CAPITAL LETTERS is in fact a corprate or legal fiction, it MAKES YOU a federal employee as THEY created you by GIVING you that all caps name, that is not how you learned to spell it in school is it? Us your freakin brain here.
Ever notice that sometimes this country of the 50 union states is refered to as the USA and sometimes the U.S., it IS one but NOT the other, the other is this...Guam, American Samao, the Virgin Islands and the trust territories of the Northern Marianas, and Puerto Rico, NOT TO INCLUDE the 50 union states. Yes, THAT and THAT ALONE is in FACT the U.S. It is a corporate fiction.
America, or the USA, IS and ONLY IS the 50 union states. If you wish to be a party to the "law society" of the U.S. then by all means go back to sleep. Keep signing your name to all the documents that ask if you are a "U.S. citizen". No you are not.
You are a transient inhabitant of earth and you reside in heaven. Well your soul would eventually but that is where your permanent residency actually IS. We must seperate ourselves back to the Sovereign state and rebut ALL presumptions so that WE take back OUR power and authority. It is simple enough, file a UCC-1 and take control of the strawman.
When oh when will you people wake up and get it?
Well, it's certainly true in part. Your own source says American citizens are exempted under 1032. So now all that's left is to eliminate the terrible effects of 1031.
Originally posted by robyn
Some posting on this thread have attempted to maintain that American citizens are exempted under Sections 1031 and 1032 of the National Defense Authorization Act.
THIS IS NOT TRUE.
(d) Construction- Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.
(a) In General.--That the President is
authorized to use all necessary and appropriate force against those
nations, organizations, or persons he determines planned, authorized,
committed, or aided the terrorist attacks that occurred on September 11,
2001, or harbored such organizations or persons, in order to prevent any
future acts of international terrorism against the United States by such
nations, organizations or persons.
They've added al-Qaeda and the Taliban as covered persons. So, if you're a person who fights with or supports these terrorist organizations you are now covered when you weren't specifically covered before. Will someone show me why this bill is such a sudden change in policy and a disaster for freedom? I'd be happy to change my mind.
(1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.
(2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.
SEC. 1607. ENHANCEMENT OF AUTHORITIES RELATING TO THE UNITED STATES NORTHERN COMMAND AND OTHER COMBATANT COMMANDS.
(a) Commands Responsible for Support to Civil Authorities in the United States.--The United States Northern Command and the United States Pacific Command shall be the combatant commands of the Armed Forces that are principally responsible for the support of civil authorities in the United States by the Armed Forces.
(b) Discharge of Responsibility.--In discharging the responsibility set forth in subsection (a), the Commander of the United States Northern Command and the Commander of the United States Pacific Command shall each--
(1) in consultation with and acting through the Chief of the National Guard Bureau and the Joint Force Headquarters of the National Guard of the State or States concerned, assist the States in the employment of the National Guard under State control, including National Guard operations conducted in State active duty or under title 32, United States Code; and
(2) facilitate the deployment of the Armed Forces on active duty under title 10, United States Code, as necessary to augment and support the National Guard in its support of civil authorities when National Guard operations are conducted under State control, whether in State active duty or under title 32, United States Code.
Originally posted by phishyblankwaters
Better yet, who exactly are they considering terrorists now?
SEC. 1031. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.
(a) In General- Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107-40) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.
(b) Covered Persons- A covered person under this section is any person as follows:
(1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.
(2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.
(c) Disposition Under Law of War- The disposition of a person under the law of war as described in subsection (a) may include the following:
(1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.
(2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111-84)).
(3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction.
(4) Transfer to the custody or control of the person's country of origin, any other foreign country, or any other foreign entity.
(d) Construction- Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.
(e) Requirement for Briefings of Congress- The Secretary of Defense shall regularly brief Congress regarding the application of the authority described in this section, including the organizations, entities, and individuals considered to be `covered persons' for purposes of subsection (b)(2).
SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.
(a) Custody Pending Disposition Under Law of War-
(1) IN GENERAL- Except as provided in paragraph (4), the Armed Forces of the United States shall hold a person described in paragraph (2) who is captured in the course of hostilities authorized by the Authorization for Use of Military Force (Public Law 107-40) in military custody pending disposition under the law of war.
(2) COVERED PERSONS- The requirement in paragraph (1) shall apply to any person whose detention is authorized under section 1031 who is determined--
(A) to be a member of, or part of, al-Qaeda or an associated force that acts in coordination with or pursuant to the direction of al-Qaeda; and
(B) to have participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners.
(3) DISPOSITION UNDER LAW OF WAR- For purposes of this subsection, the disposition of a person under the law of war has the meaning given in section 1031(c), except that no transfer otherwise described in paragraph (4) of that section shall be made unless consistent with the requirements of section 1033.
(4) WAIVER FOR NATIONAL SECURITY- The Secretary of Defense may, in consultation with the Secretary of State and the Director of National Intelligence, waive the requirement of paragraph (1) if the Secretary submits to Congress a certification in writing that such a waiver is in the national security interests of the United States.
(b) Applicability to United States Citizens and Lawful Resident Aliens-
(1) UNITED STATES CITIZENS- The requirement to detain a person in military custody under this section does not extend to citizens of the United States.
............................
Defying a veto threat from President Obama, the Senate voted Tuesday to preserve language that would give the U.S. military a crack at al Qaeda operatives captured in the U.S., even if they are American citizens.
Led by Sen. Carl Levin, the Michigan Democrat who chairs the Senate Armed Services Committee, senators voted 61-37 to preserve the language that gives the military custody of al Qaeda suspects, rather than turning them over to law enforcement officials.
“We are at war with al Qaeda and people determined to be part of al Qaeda should be treated as people who are at war with us,” Mr. Levin said.
He and Arizona Sen. John McCain, the ranking Republican on his committee, had struck a deal earlier this month on giving the military priority custody, while allowing the administration to waive that and give civilian authorities priority if it deems the waiver in the interests of national security.
Originally posted by CALGARIAN
(b) Elements of Procedures- The procedures required by this section shall provide for the following in the case of any unprivileged enemy belligerent who will be held in long-term detention under the law of war pursuant to the Authorization for Use of Military Force:
(1) A military judge shall preside at proceedings for the determination of status of an unprivileged enemy belligerent .
(2) An unprivileged enemy belligerent may, at the election of the belligerent , be represented by military counsel at proceedings for the determination of status of the belligerent.