Tndeer Logo

Page 5 of 9 « First<34567>Last »
Topic Options
#3145613 - 01/30/13 12:58 PM Re: Military Drills Resume Preparation for MAT.LAW [Re: OHVATN]
Stalkhunter
10 Point


Registered: 07/17/11
Posts: 3907
Loc: Knoxville TN

Offline
"The 5th Amendment to the Constitution states that 'No person shall be…deprived of…liberty…without due process of law.'"

"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 apprehended in the United States, unless an Act of Congress expressly authorizes such detention."

THIS IS IN THE NDAA AND Congress does not have the right to detain American Citizens with out due process


Edited by Stalkhunter (01/30/13 01:02 PM)
_________________________
Semper Fi

Μολων λαβε
I am a cancer Killer.

Top
#3145615 - 01/30/13 12:58 PM Re: Military Drills Resume Preparation for MAT.LAW [Re: OHVATN]
OHVATN
4 Point


Registered: 10/09/12
Posts: 375
Loc: Middle TN

Offline
 Originally Posted By: sds1961
 Originally Posted By: 44fanatic
We both took the same oath...

Educate me on the NDAA and what is unconsitutional about it.


http://www.aclu.org/indefinite-detention...thorization-act



I would add that a federal judge (Southern District of NY) last year issued a preliminary injunction against the NDAA's indefinite detention provision because it likely violates the 1st and 5th Amendments.

44fanatic, respectfully, I am not comfortable with the U.S. armed forces, as an institution or individually, determining what is or is not a constitutional order. I would also submit that such determinations cannot be conducive to unit cohesion, as reasonable (and unreasonable) minds can disagree.
_________________________
"Democracy is the theory that the common people know what they want and deserve to get it good and hard." H. L. Mencken

Top
#3145624 - 01/30/13 01:05 PM Re: Military Drills Resume Preparation for MAT.LAW [Re: OHVATN]
Stalkhunter
10 Point


Registered: 07/17/11
Posts: 3907
Loc: Knoxville TN

Offline


President Obama, no different from his predecessors, is particularly well versed in how to use the theater of politics to his advantage. Consider that amidst the cacophony of the fiscal cliff debates, the president signed into law two pieces of legislation, the Foreign Intelligence Surveillance Act Amendments Act (FISA) and the National Defense Authorization Act of 2013 (NDAA), which further erode our most basic constitutional rights by reauthorizing sweeping police powers to be used by the federal government.
_________________________
Semper Fi

Μολων λαβε
I am a cancer Killer.

Top
#3145625 - 01/30/13 01:05 PM Re: Military Drills Resume Preparation for MAT.LAW [Re: Stalkhunter]
Stalkhunter
10 Point


Registered: 07/17/11
Posts: 3907
Loc: Knoxville TN

Offline
FISA allows the federal government to spy on Americans who communicate with people overseas, whether they are journalists, family members, or business associates, while the NDAA reauthorizes the military's ability to indefinitely detain American citizens, a provision which first reared its head in the 2012 NDAA.
_________________________
Semper Fi

Μολων λαβε
I am a cancer Killer.

Top
#3145629 - 01/30/13 01:08 PM Re: Military Drills Resume Preparation for MAT.LAW [Re: Stalkhunter]
Stalkhunter
10 Point


Registered: 07/17/11
Posts: 3907
Loc: Knoxville TN

Offline
Just as the enactment of the NDAA ensures that no one is safe from indefinite detention, Congress' renewal and Obama's signing of the FISA Amendments Act, which gives the executive branch broad power to spy on American citizens who contact people overseas, leaves us powerless in the face of government surveillance. Making matters worse, there are few out there--government official, congressman or judge -- who are willing to step up and put a stop to these violations of our rights. Even that once-vaunted Fourth Estate, the media, which was supposed to act as a check on the government's power grabs, has become complicit in torpedoing our freedoms.

Un Constitutional no matter what spin you want to put on it period This FISA Amendment is wrong period
_________________________
Semper Fi

Μολων λαβε
I am a cancer Killer.

Top
#3145633 - 01/30/13 01:10 PM Re: Military Drills Resume Preparation for MAT.LAW [Re: Stalkhunter]
Stalkhunter
10 Point


Registered: 07/17/11
Posts: 3907
Loc: Knoxville TN

Offline
Thankfully, there are still some willing to stand against the tide. One notable group, comprised of writers, academics, journalists, and activists, including former New York Times war correspondent Chris Hedges, Pentagon Papers whistleblower Daniel Ellsberg, and writer Noam Chomsky, is waging their war against Obama and his minions in court, challenging any attempt by the government to use the indefinite detention provision of the NDAA to limit constitutionally protected activity. For example, it is conceivable that those protesting American foreign policy, or those who interview suspected terrorists for journalistic purposes, may be considered in violation of the NDAA. As Hedges, a Pulitzer Prize winner, explained, "I, as a foreign correspondent, had had direct contact with 17 organizations that are on [the US government's list of terrorist organizations], from al-Qaida to Hamas to Hezbollah to the PKK, and there's no provision within that particular section [of the NDAA] to exempt journalists."

There are also those within the judiciary who recognize the need for caution. On September 12, 2012, U.S. District Judge Katherine Forrest of the Southern District Court of New York ruled in favor of Hedges, placing a permanent injunction on the indefinite detention provision. Unfortunately, that ruling has since been overturned by the Second Circuit Court of Appeals pending its assessment of the provision's constitutionality. With any protections against indefinite detention in legal limbo, Hedges warned, "The appellate court is all that separates us and a state that is no different than any other military dictatorship."

Indeed, the fact that Americans are utterly dependent on a small group of judges, themselves part of the ruling elite in America, to safeguard their fundamental freedoms shows just how far we've fallen as a society and culture. When the rights and liberties which we once took for granted are little more than exceptions to the rule, open to interpretation by government officials who can throw them out based upon expediency, we have entered a new paradigm in America, and it doesn't bode well for the future of democracy.
_________________________
Semper Fi

Μολων λαβε
I am a cancer Killer.

Top
#3145660 - 01/30/13 01:24 PM Re: Military Drills Resume Preparation for MAT.LAW [Re: OHVATN]
OHVATN
4 Point


Registered: 10/09/12
Posts: 375
Loc: Middle TN

Offline
NDAA, Patriot Act, executive orders to govern future 'national emergencies,' etc. are just the latest in a long line of hysterical enactments. Many so-called "conservatives" on this forum and elsewhere banged the drum in favor of these unconstitutional enactments so that we Americans can be safe from the boogeyman behind every bush. The boogeyman used to be Russian or 'Chicom' and is now Muslim (and long before was Japanese or German). Wouldn't it now be ironic when "conservatives" are re-branded "far right wing extremists" and get an up close and personal look at the NDAA given to them by those same left-wing, 'progressives'/socialists who found the Patriot Act, then NDAA so unsavory between 2001-2008. Be careful what you ask for, you just might get it or as Benjamin Franklin said "those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety."

"Our government has kept us in a perpetual state of fear -- kept us in a continuous stampede of patriotic fervor -- with the cry of grave national emergency. Always there has been some terrible evil at home or some monstrous foreign power that was going to gobble us up if we did not blindly rally behind it by furnishing exhorbitant funds demanded. Yet, in retrospect, these disasters never seem to have happened, seem never to have been quite real."

General Douglas MacArthur
_________________________
"Democracy is the theory that the common people know what they want and deserve to get it good and hard." H. L. Mencken

Top
#3145669 - 01/30/13 01:26 PM Re: Military Drills Resume Preparation for MAT.LAW [Re: Stalkhunter]
OHVATN
4 Point


Registered: 10/09/12
Posts: 375
Loc: Middle TN

Offline
 Originally Posted By: Stalkhunter
Thankfully, there are still some willing to stand against the tide. One notable group, comprised of writers, academics, journalists, and activists, including former New York Times war correspondent Chris Hedges, Pentagon Papers whistleblower Daniel Ellsberg, and writer Noam Chomsky, is waging their war against Obama and his minions in court, challenging any attempt by the government to use the indefinite detention provision of the NDAA to limit constitutionally protected activity. For example, it is conceivable that those protesting American foreign policy, or those who interview suspected terrorists for journalistic purposes, may be considered in violation of the NDAA. As Hedges, a Pulitzer Prize winner, explained, "I, as a foreign correspondent, had had direct contact with 17 organizations that are on [the US government's list of terrorist organizations], from al-Qaida to Hamas to Hezbollah to the PKK, and there's no provision within that particular section [of the NDAA] to exempt journalists."

There are also those within the judiciary who recognize the need for caution. On September 12, 2012, U.S. District Judge Katherine Forrest of the Southern District Court of New York ruled in favor of Hedges, placing a permanent injunction on the indefinite detention provision. Unfortunately, that ruling has since been overturned by the Second Circuit Court of Appeals pending its assessment of the provision's constitutionality. With any protections against indefinite detention in legal limbo, Hedges warned, "The appellate court is all that separates us and a state that is no different than any other military dictatorship."

Indeed, the fact that Americans are utterly dependent on a small group of judges, themselves part of the ruling elite in America, to safeguard their fundamental freedoms shows just how far we've fallen as a society and culture. When the rights and liberties which we once took for granted are little more than exceptions to the rule, open to interpretation by government officials who can throw them out based upon expediency, we have entered a new paradigm in America, and it doesn't bode well for the future of democracy.


Here, Here.
_________________________
"Democracy is the theory that the common people know what they want and deserve to get it good and hard." H. L. Mencken

Top
#3145741 - 01/30/13 02:07 PM Re: Military Drills Resume Preparation for MAT.LAW [Re: OHVATN]
Stalkhunter
10 Point


Registered: 07/17/11
Posts: 3907
Loc: Knoxville TN

Offline
All these states are wrong, even Tn has proposed legislation for it.

NDAA Nullification: Status of Bills Around the Country

Posted by Michael Boldin
EmailShare
Share on Tumblr
inShare.

Now that State legislative sessions for 2013 are starting to get underway, it’s a good time for a quick overview of who’s looking at bills to nullify NDAA kidnapping powers (the ones called “indefinite detention”). In 2012, Virginia became the first state to pass a law along these lines. And, while Arizona and Michigan were very close, they didn’t get to the finish line. We expect those states – and many more – to consider bills in 2013.

Keep up to date with NDAA Nullification legislation around the country with the Tenth Amendment Center legislative tracking page HERE: http://tracking.tenthamendmentcenter.com/ndaa/

Here’s what’s happening so far:

In Texas, State Representative Lyle Larson introduced House Bill 149 (HB149), the Texas Liberty Preservation Act. This might be the strongest anti-NDAA bill introduced yet. It states, in part:


Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. No. 112-81) violate portions of federal law, the United States Constitution, and the Texas Constitution and, as such, are invalid and illegal in this state.

It also, like Virginia’s law, requires full noncompliance with the federal act:


It is the policy of this state to refuse to provide material support for or to participate in any way with the implementation within this state of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. No. 112-81). Any act to enforce or attempt to enforce those laws is in violation of this subchapter.

But, the Texas legislation takes it a step further, codifying into State law criminal penalties for violation of the act by even federal agents:


A person who is an official, agent, or employee of the United States or an employee of a corporation providing services to the United States commits an offense if the person enforces or attempts to enforce a statute, a rule or regulation, an order, or any law of the United States in violation of this subchapter.

An offense under Subsection
(a) is a Class A misdemeanor punishable by confinement for a term not to exceed one year, a fine of not more than $10,000, or both the confinement and the fine.

Report HERE

Join Nullify NDAA Texas group on Facebook HERE

In Wyoming, state representative Kendell Kroeker, along with reps Hunt and Miller, and Senator Case, are introducing a bill that declares the indefinite detention provisions of the 2012 NDAA to be unconstitutional, prohibiting enforcement of the federal act.

H.B. 0114 – The Liberty Preservation Act – is currently up for consideration in the Wyoming legislature, and could be heard later this week. It declares the above sections of the NDAA to be “inimical to the liberty, security and well being of the people of Wyoming” and further states that they were “adopted by the United States congress in violation of the limits of federal power in the United States Constitution.”

The bill not only cites the various constitutional violations of the NDAA, but makes it a criminal misdemeanor for state employees and public officers to participate in trying to implement the aforementioned provisions. This would be a bold step for Wyoming. If passed, they could possibly be the first state to make participation with the feds in kidnapping people under the NDAA a criminal act.

Report HERE

Join Nullify NDAA Wyoming group on Facebook HERE

In Colorado, State Representative Jared Wright has introduced HB13-1045, which states “An agency of this state, a political subdivision of this state, an employee of an agency of this state or of a political subdivision of this acting in his or her official capacity, and a member of the Colorado National Guard serving in his or her official capacity are prohibited from aiding an agency of the armed forces of the United States in any investigation, prosecution, or detention of any person pursuant to section 1021 of the “National Defense Authorization Act for Fiscal Year 2012″.

Join Nullify NDAA Colorado group on Facebook HERE

In Indiana, Senate Bill 400 was introduced on 01-10. It would not only bar state participation with NDAA indefinite detention, but it also provides criminal charges for both state and federal agents who attempt to carry out such acts within the state.

Join the Nullify NDAA Indiana group on Facebook HERE

In South Carolina, Senator Tom Davis introduced the ”NDAA Nullification Act of 2013.” It states, “No agency of the State, agency of a political subdivision of the State, officer or employee of the State, officer or employee of a political subdivision of the State, acting in his official capacity, to include any member of the South Carolina Military Department on official duty, or employees of any state or local detention facility may engage in any activity that aids an agency of the armed forces of the United States in execution of 50 U.S.C. 1541, as provided by the National Defense Authorization Act for Fiscal Year 2012, in the investigation, prosecution, or detainment of any citizen of the United States in violation of Section 3, Article I, and Section 14, Article I of the South Carolina Constitution.”

Report HERE

Join Nullify NDAA South Carolina group on Facebook HERE

In Missouri, Representative Fitzpatrick, along with co-sponsors Representative Miller and Representative Curtman have introduced House bill 57, which reads, “Notwithstanding any contrary provision of law, no state agency, political subdivision, employee of such state agency or political subdivision acting in his or her official capacity, or member of the Missouri National Guard on official state duty, shall knowingly aid an agency of the armed forces of the United States in the detention of any citizen pursuant to 50 U.S.C. Section 1541 as provided by the National Defense Authorization Act for Fiscal Year 2012 or any subsequent provisions of law.”
_________________________
Semper Fi

Μολων λαβε
I am a cancer Killer.

Top
#3145754 - 01/30/13 02:15 PM Re: Military Drills Resume Preparation for MAT.LAW [Re: Stalkhunter]
in the dog house!
14 Point


Registered: 11/29/12
Posts: 9160
Loc: west tn

Offline
I guess Stalk Hunter knows a weee bit more about whats up than Bambi Buster THINKS he knows. Great post Stalk Hunter!!!
_________________________
Luck is where preparation and opportunity meet



Μολων λαβε

Top
Page 5 of 9 « First<34567>Last »


Moderator:  Crappie Luck, Tennessee Todd, RUGER, Unicam, stretch, Cuttin Caller, Bobby G, Kimber45 
Hop to:
Top Posters
4105250
RUGER
86707
Deer Assassin
65056
BSK
60881
Crappie Luck
51376
spitndrum
Newest Members
TboneD, sbhockey, ZachA, DocT, Raegan
13202 Registered Users
Who's Online
63 registered (308 warbird, dh1984, PinchPoint, Roost 1, tndeerman, FLTENNHUNTER1, 5 invisible) and 107 anonymous users online.
Forum Stats
13202 Members
42 Forums
91539 Topics
1070110 Posts

Max Online: 788 @ 11/11/13 08:06 PM
Moon Phase
CURRENT MOON
August
Su M Tu W Th F Sa
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31
Forum Donations
The TnDeer.Com Deer Talk Forum is for Tennessee Deer Hunters by Tennessee Deer Hunters. If you enjoy using our Talk Forum and would like to contribute to help in it's up-keep. Just submit your contribution by clicking on the DONATE button below and paying with PayPal or a major credit card. Any amount is much appreciated. Thanks for your support!

TN Burn Safe

Generated in 0.041 seconds in which 0.001 seconds were spent on a total of 15 queries. Zlib compression enabled.