(Posted by Bryana Joy on December 21, 2012)
“If you don't have a right to trial by jury, you do not have due process. You do not have a Constitution. What are you fighting against and for if you throw the Constitution out?” he pleaded in an address before the Senate on November 30th.
As anyone knows who stayed up into the wee hours of the morning on the night of the 30th with c-span on their screens and their hearts pounding, he seemed to win a quite glorious victory.
Amendment #3018, which was introduced by California Sen. Feinstein and Mike Lee of Utah and enthusiastically supported by Rand Paul, passed the Senate by a wide margin of 67-29 that night. It provided that,
“an authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States unless an act of Congress expressly authorizes such detention.”
Many embraced this amendment as a solution to the wildly unpopular clause in Section 1021 of the 2011-2012 NDAA, which provided for the indefinite detention without trial of American citizens judged to be involved in terrorism or “belligerent acts” against the US.
Others were not so sure, insisting that the line about an Act of Congress “expressly authorizing such detention” was a loophole allowing for Section 1021 to remain in effect. Congressman Justin Amash stated,
“Well, that Act of Congress is the 2012 NDAA, which renders the rest of the Feinstein amendment meaningless.”
Mike Lee offered his full response countering Congressman Amash’s concern on his website.
On the whole, most defenders of freedom seemed to agree that, if not perfect, amendment #3018 still offered some protections to American citizens. Texas Congressman Ron Paul, a practically legendary champion of liberty, wrote on his facebook page,
“I applaud the Feinstein-Lee amendment for moving the debate forward. In the House most Republicans believe that a habeas hearing is sufficient for due process. The Feinstein-Lee amendment makes clear that anything short of a jury trial is not due process.”
Today, Senator Paul had some sad news to announce: A House-Senate conference committee led by Senator John McCain has stripped amendment #3018 from the new draft of the NDAA bill. Senator Levin confirmed this, saying, “The language of the Senate bill was dropped,” but, according to Politico’s Juana Summers, declined to offer any further comments.
"The decision by the NDAA conference committee, led by Sen. John McCain (R-Ariz.) to strip the National Defense Authorization Act of the amendment that protects American citizens against indefinite detention now renders the entire NDAA unconstitutional," Sen. Paul warned.
“When I entered the United States Senate, I took an oath to uphold and defend the Constitution. It is for this reason that I will strongly oppose passage of the McCain conference report that strips the guarantee to a trial by jury,” Paul further elaborated.
The good news is that your senators took that same oath. The bad news is that they need regular and animated reminders of the fact. The good news is that you have the opportunity to give them exactly that.
Now is as good a time as any to dial up both of your two senators at all of their offices and leave your message explaining the latest developments in the struggle for individual liberty. Remind them of their oath. You might also need to remind them that you watch, you listen, you care and you vote. They had better do the same.
(This article was first posted at The Washington Times Communities.)