NDAA Unconstitutional

One of Obama’s most controversial decisions was to sign last year’s annual National Defense Authorization Act.  When it became clear that, since the alternative was to defund the military, both the House and Senate were going to pass this military budget with veto proof majorities, Obama pushed for the inclusion of additional language to limit the worst provisions to Americans captured on foreign battlefields and to ensure that he would not be required to enforce it.  This made some of the bills provisions self-contradictory, making it virtually impossible for lay people to understand it.  Had Obama vetoed the bill, Congress would have overridden his veto, because almost no Representatives or Senators want to run on a record of having defunded the military.  At the time, I wondered if Obama was hoping that the measure would be overturned on Constitutional grounds, as I entertained that hope myself.

A U.S. District Court in New York has blocked provisions in last year’s Defense authorization bill that allow for military detention for terror suspects, throwing a wrench in the debate that will take place on the House floor Thursday.

District Judge Katherine Forrest ruled against the U.S. government and in favor of a group of civilian activists and journalists who had sued over the detention provisions in the 2012 National Defense Authorization Act, according to Reuters. The plaintiffs had said they feared being detained indefinitely by the law.

“In the face of what could be indeterminate military detention, due process requires more," Forrest said.

The judge added that it was in the public interest to reconsider the law so “ordinary citizens are able to understand the scope of conduct that could subject them to indefinite military detention,” according to Reuters.

The ruling could have an immediate impact in Congress, where House Armed Services ranking member Adam Smith (D-Wash.) and Rep. Justin Amash (R-Mich.) have an amendment that would also undo the detention provisions passed in last year’s Defense bill.

Their amendment, which will be debated on the House floor Thursday, goes even further and bars military detention for any terror suspects captured on U.S. soil… [emphasis added]

Inserted from <The Hill>

The issue is far from settled and could be in court for years.  If reelected, Obama will appoint justices, like Sotomayor and Kagan, who would vote with the Constitution.  If elected, Romney will appoint injustices like Roberts, Alito, Scalia and Thomas, who would vote to trash the Constitution in favor of establishing a permanent Republican Regime.  No third party candidate will have the opportunity to make Supreme Court appointments.