December 15, 2011
Private: Bill of Rights Day Tempered by Advancement of Indefinite Detention Bill
ACLU, Bill of Rights Day, Bill of Rights Defense Committee, Chris Anders, National Defense Authorization Act, NDAA, President Obama
by Jeremy Leaming
On Dec. 15, 1791 the Bill of Rights was ratified, making today its 220th anniversary. In November, 1941 FDR established Dec. 15 as a day to celebrate the Bill of Rights.
The Administrative Office of the U.S. Courts is offering some resources for both students and teachers about what the late Bernard Schwartz dubbed the “classic inventory of governmental restrictions that Madison termed ‘the great rights of mankind.’”
The Obama administration is also joining the celebration. The White House’s Bill of Rights Day proclamation reads, in part, “Throughout our country’s history, generations have risen to uphold the principles outlined in our Bill of Rights and advance equality for all Americans. The liberties we enjoy today are possible only because of these brave patriots, from the service members who have defended our freedom to the citizens who have braved billy clubs and fire hoses in the hope of extending America’s promise across lines of color and creed. On Bill of Rights Day, we celebrate this proud legacy and resolve to pass to our children an America worthy of our Founders’ vision.”
Others are marking the day, however, by highlighting a piece of legislation – the National Defense Authorization Act (NDAA) – that they argue seriously threatens the tenets of the Bill of Rights, by greatly expanding executive power.
The Bill of Rights Defense Committee says the NDAA “contains the most potentially oppressive national security powers we’ve seen in our lifetimes, easily worse than any Bush administration policy.”
Writing for the ACLU’s Blog of Rights, Chris Anders says the NDAA “would authorize the president to send the military literally anywhere in the world to imprison civilians without charge or trail. Prison based on suspicion alone. The power is so sweeping that the president would be able to direct the military to use its powers within the United States itself, and even lock up American citizens without charge or trial.”
Anders continues:
I'm not sure which was more surprising — that the majority of senators ignored the pleas of countless constituents, or that they also ignored every top national security official opposed to the provisions. Opposition to the detention provisions came from Secretary of Defense Leon Panetta, CIA Director David Petraeus, FBI Director Robert Mueller, Director of National Intelligence James Clapper, White House Advisor for Counterterrorism John Brennan, and DOJ National Security Division head Lisa Monaco. The Senate ignored them all.
Charlie Savage, reporting on President Obama’s decision to support the NDAA, says the bill that emerged from conference committee earlier this week still includes a provision “authorizing the government to detain, without trial, suspected members of Al Qaeda or its allies – or those who ‘substantially supported’ them – bolstering the authorization it enacted a decade ago against the perpetrators of the Sept. 11 attacks.”