The Government Can Still Black Bag Any American

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The Senate passed the much ballyhooed Feinstein-Lee amendment last night, which supposedly partially nullifies the provision in the National Defense Authorization Act (NDAA) allowing for Americans to be kidnapped by the government and disappeared without any charge or due process. Senator Rand Paul put out a press release declaring victory. But as Congressman Justin Amash points out, the wording of the amendment effectively codifies tyranny:

The heart of the Feinstein amendment:

“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.”

Well, that Act of Congress is the 2012 NDAA, which renders the rest of the Feinstein amendment meaningless.

I have some questions. Why are Americans who are traveling, working, living abroad left out of this legislation? Does one only have his rights when he’s within the sanctified borders of the U.S.? Why is it not being argued that ALL PEOPLE have the right to due process? Why are there libertarians celebrating this passage when rather than making us more free it really only further enshrines the idea that the State grants (and denies) us our rights?

(h/t Robert Wenzel)

1:06 pm on November 30, 2012