These were among the complaints registered the last time this nation had a king:
"He has refused his Assent to Laws, the most wholesome and necessary for the public good.
"He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
"He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.
"He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people, and eat out their substance.
"He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
"He has affected to render the Military independent of and superior to the Civil power.
"He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
"For Quartering large bodies of armed troops among us:
"For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:
"For depriving us in many cases, of the benefits of Trial by Jury:
"For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
"He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation."
To prevent the U.S. government from behaving like a king, the drafters of the U.S. Constitution empowered an elected legislature to write every law, to declare every war, and to remove its executive from office. To further prevent the abuse of individuals' rights, those authors wrote into the Constitution, even prior to the Bill of Rights, the right to habeas corpus and the right never to be punished for treason unless convicted in an open court on the testimony of at least two witnesses to an overt act of war or assistance of an enemy.
President Barack Obama waited until New Year's Eve to take an action that I suspect he wanted his willfully deluded followers to have a good excuse not to notice. On that day, Obama issued an unconstitutional signing statement rewriting a law as he signed it into law, a practice that candidate Obama had rightly condemned. The law that Obama was signing was the most direct assault yet seen on the basic structure of self-governance and human rights that once made all the endless U.S. shouting of "We're number one!" significantly less ludicrous. The National Defense Authorization Act is not a leap from democracy to tyranny, but it is another major step on a steady and accelerating decade-long march toward a police-and-war state.
President Obama has claimed the power to imprison people without a trial since his earliest months in office. He spoke in front of the Constitution in the National Archives while gutting our founding document in 2009. President Obama has claimed the power to torture "if needed," issued an executive order claiming the power of imprisonment without trial, exercised that power on a massive scale at Bagram, and claimed and exercised the power to assassinate U.S. citizens. Obama routinely kills people with unmanned drones.
The bill just signed into law, as sent to the President, said this:
"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."
In other words, Congress was giving its stamp of approval to the unconstitutional outrages already claimed by the President. But then, why create a new law at all? Well, because some outrages are more equal than others, and Congress had chosen to specify some of those and in fact to expand some of them. For example:
"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."
"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."
Jon Stewart explained when those detained without trial under the law might be released: "So when the war on terror ends, and terror surrenders and is no longer available as a human emotion, you are free to go."
An exception for U.S. legal residents and citizens was kept out of the bill at President Obama's request.
So why did Obama threaten to veto the
bill initially and again after it passed the Senate? Well, one change
made by the conference committee was this (note the crossed-through
Secretary of DefensePresident may , in consultation with the Secretary of State and the Director of National Intelligence,waive the requirement of paragraph (1) if the SecretaryPresident submits to Congress a certification in writing that such a waiver is in the national security interests of the United States."
The reference here is to military tribunals. The President -- that is, the current one and future ones -- need not hand someone over even to a military tribunal if . . . well, if he (or she) chooses not to.