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« White Rock Lake | Main | TBE Video #4: The Oath of Office »

October 09, 2006

Comments

Kalvin

I agree completely. The slick drafting is that it is only for non-US citizens. This is more the province of international law than the constitution, and the senate ratifies these treaties, so they can do this. I'm not sure if this vitiates our participation in certain treaties, and well, it's not like we've been following them all that faithfully to begin with. This has already been happening, and the whole supreme court case and legal opinion was pretty much drafted by a legal architect over at UC-Berkeley (who would have thought?). The law students over there have been staging protests against this professor, and maybe I should go over and join them.

DanNation

Yep - this is very scary and there is so much apathy about it...but, that's how the Nazis did it, isn't it?

Alexander

I'm glad I'm not the only one who's seen the Nazi parallels in this country...and I've been trying to warn people about it for the last four years!

Kalvin

I was wrong. Here is the text of the statute.

`(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.

`(B) CO-BELLIGERENT- In this paragraph, the term `co-belligerent', with respect to the United States, means any State or armed force joining and directly engaged with the United States in hostilities or directly supporting hostilities against a common enemy.

The most offensive part is that you can look at the massive amount of discretion given to the excutive branch. This should be tossed and stricken as unconstitutional so fast it shouldn't even be funny. God it's scary.

daniel

International law and U.S. law have been increasingly melded since 1948, the inception of the U.N.
It isn't just that the U.S. signs a treaty that we choose not to honor, it's that the treaty becomes embedded in U.S. law over time. The reason for this is that the long range goal of the American gov't is and has been for a long time, to be the government of the world.
By choosing to ignore international law and treaty, we place our nation in the role of an international outlaw which at the same time insists that everyone else obey the law.
I recommend everyone read the article in Wikipedia about gays in Germany during the Holocaust. There are plenty in the Religious Right who would consider Gays as Enemies of the State, who could be stripped of their citizenship and made subject to this evil law.

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