Something Illegal This Way Comes
Often, the perceived awareness of one’s representatives never occurs, whether it be consciously or not on their part.
We are currently living through one of those times. The asinine element is a piece of legislation that has pushed past numerous boundaries, and has gone unnoticed by all members of all three branches of the United States government.
The bill is the Military Commissions Act of 2006 (MCA). It was passed by Congress on September 28, 2006 and signed into law by George W. Bush on October 17, 2006. The MCA creates the designation of an “unlawful enemy combatant” and dictates the penalties that such a person would face. The bill is touted as a method to protect the United States from terrorists and foreign aggressors.
Just what is an “unlawful enemy combatant”? The bill states:
(1) UNLAWFUL ENEMY COMBATANT— (A) The term “unlawful
enemy combatant” means—
(i) a person who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents who is not a lawful enemy combatant (including a person who is part of the Taliban, al Qaeda, or associated forces); or
(ii) a person who, before, on, or after the date of the enactment of the Military Commissions Act of 2006, has been determined to be an unlawful enemy combatant by a Combatant Status Review Tribunal or another competent tribunal established under the authority of the President or the Secretary of Defense.
Much debate would be necessary regarding the wording used in this first paragraph, especially the use of “a person.” This does not explicitly exclude American citizens living on American soil from being labeled as an “unlawful enemy combatant” and facing all of the penalties that would apply to such a person. The ramifications of this lack of clarity are astounding, as any of the provisions provided by this bill could then be applied to the average American.
Debate would be necessary, except for an important factor: The MCA is illegal, as it was not passed in accordance with the procedures instilled by the United States Constitution.
The Constitution dictates that the president must sign or veto a bill within 10 days of Congressional passage. Failure to do anything with the bill within those 10 days while Congress is in session leads to the bill becoming law without the president’s signature.
However, if Congress is not in session, as was the case with the MCA, and the president does nothing for 10 days (it took Bush 19 days) then the bill is automatically vetoed.
Vetoed. That’s it. Bush took too long to sign the bill; thus, it is legally dead.
It would appear that all members of the United States government are unaware of this element of the Constitution, as not a single official has spoken out against the legality of the MCA. This is staggering due to the seeming lack of knowledge of the Constitution by our elected officials, and more so because of the ideas that all members of the government now believe to be true and binding law.
Even the members of Congress who voted against the bill have failed to speak up.
Due to the November 2006 elections, the representation in Congress has changed since Bush illegally signed the bill. The Democrats now control both the Senate and the House and spend an awful lot of time speaking about changes that are going to be made. The rhetoric has been cute, but if those Democrats are serious about change, their first priority must be to become informed about the non-law status of the MCA, make the public aware of this, and make the White House stop pretending that the MCA is law.
I realize that the people in Congress may still be tuckered out from post-election victory celebrations and 2008 presidential plans and thus cannot focus on the importance of putting an end to the MCA.
For their sake, and for the sake of all reading, allow me to walk you through some of the scary provisions of this bill.
The MCA, which (as we have already established) can apply to al Qaeda and U.S. citizens alike, sends America back to the pre-Constitution days by removing the right of any accused to habeas corpus. Officially established in 1679, habeas corpus provides all who are accused of a crime the right to confront his accuser and provide counter-evidence on his behalf. The “unlawful enemy combatant” (“unlawful”) loses the right to prove his own innocence or even find out who is accusing him in the first place.
“Unlawfuls” are entitled to detainment and trials, however! Indeed, the MCA allows for the accused to be placed on trial in front of a military tribunal, even if they have not engaged in military attacks against the United States. During these trials, the MCA allows for the government to convict people of crimes based on “secret” evidence that the accused never sees. The government is permitted to use testimony during the trials that was extracted from the accused through torture-based coercion.
Torture, by the way, becomes “legal” thanks to the MCA. Any methods used, as long as the prisoner is not killed, are allowed. (Waterboarding, anyone?) These methods are sure to also be applied to international prisoners as the MCA invalidates the protections provided by the Geneva Conventions. The conventions are a worldwide-accepted set of rules for the humanitarian treatment of prisoners of war during armed conflicts among nations. One basic tenet of the conventions is that one does not torture prisoners!
Returning to the idea of having a trial for the accused “unlawful,” the MCA allows for a trial to begin even before a through investigation of the alleged crime has taken place. In addition, the records of any trials for “unlawful” designees are kept secret from the American public.
This is all, of course, if the accused can be granted a trial in the first place. The MCA removes the right to a speedy trial. Any accused can be locked away indefinitely, without officially being charged with a crime.
There are people reading this now who believe that the MCA could never be applied to them or the American public. Why, these readers undoubtedly wonder, should I be concerned about this bill?
Your concern is essential for, at the very least, your own self-preservation. What good will your cries of “I’m an American citizen” do if you are suddenly scooped off the streets and locked away, deemed an “unlawful enemy combatant”? Who do you expect to come to your defense then?
At the very most, you should be disconcerted that a law of this magnitude has been passed illegally and that the very government charged with protecting your rights granted by the Constitution have been silent to this fact.
The Military Commissions Act of 2006 is illegal. It has been 84 days since government officials have (willingly or not) been blinded to this fact.
