Ron Paul: NDAA Tyranny Continues

by Ron Paul

The bad news from last week’s passage of the 2013 National Defense Authorization Act is that Americans can still be arrested on US soil and detained indefinitely without trial. Some of my colleagues would like us to believe that they fixed last year’s infamous Sections 1021 and 1022 of the NDAA, which codified into law the unconstitutional notion that some Americans are not subject to the protections of the Constitution. However, nothing in this year’s bill or amendments to the bill restored those constitutional rights.

Supporters of the one amendment that passed on this matter were hoping no one would notice that it did absolutely nothing. The amendment essentially stated that those entitled to habeas corpus protections are hereby granted habeas corpus protections. Thanks for nothing!

As Steve Vladeck, of American University’s law school, wrote of this amendment:

“[T]he Gohmert Amendment does nothing whatsoever to address the central objections…. [I]t merely provides by statute a remedy that is already available to individuals detained within the United States; and says nothing about the circumstances in which individuals might actually be subject to military detention when arrested within the territory of United States…. Anyone within the United States who was subject to military detention before the FY2013 NDAA would be subject to it afterwards, as well…”

Actually, the amendment in question makes matters worse, as it states that anyone detained on US soil has the right to file a writ of habeas corpus “within 30 days” of arrest. In fact, persons detained on US soil already have the right to file a habeas petition immediately upon arrest!

I co-sponsored an amendment offered by Reps. Adam Smith and Justin Amash that would have repealed the unconstitutional provisions of last year’s NDAA by eliminating Section 1022 on mandatory military detention and modifying Section 1021 to make it absolutely clear that no one can be apprehended on US soil and held indefinitely without trial or be held subject to a military tribunal. Our language was clear: “No person detained, captured, or arrested in the United States, or a territory or possession of the United States, may be transferred to the custody of the Armed Forces for detention under the Authorization for Use of Military Force, this Act, or the National Defense Authorization Act for Fiscal Year 2013.”

The term “person” is key in our amendment, as our Founders did not make a distinction between citizens and non-citizens when determining who was entitled to Constitutional protections. As the father of the Constitution James Madison wrote, “[I]t does not follow, because aliens are not parties to the Constitution, as citizens are parties to it, that whilst they actually conform to it, they have no right to its protection.”

We should not forget that our Article III court system is a strength not a weakness. The right to face our accuser, the protections against hearsay evidence, the right to a jury trial – these are designed to protect the innocent and to determine and then punish guilt. And they have been quite successful thus far. Currently there are more than 300 individuals who have been tried and convicted of terrorism-related charges serving lengthy terms in US federal prisons. Each of the six individuals tried in US civilian courts for the 1993 bombing of the World Trade Center are serving hundreds of years in prison, for example.

Last week was discouraging and disappointing to those of us who value our Constitution. That the US government asserts the legal authority to pick up Americans within the United States and hold them indefinitely and secretly without a trial should be incredibly disturbing to all of us. Americans should check how their representative voted. Politicians should not be allowed to get away with undermining our liberties in this manner.


  • Obama 2012

  • Ich glaube, Sie haben gute Kenntnisse für jemanden, Österreich bewohnt Ich spreche ein wenig Deutsch Danke für die Erklärung
    Greets Holland

  • You’re welcome – and yes it is. (I’m from Austria, Europe by the way)

    Also the election process itself is very complicated (delegates etc) and not explained by the mainstream media properly. That’s why even most americans (!!!) don’t actually know how their own elections really work…

  • ☀❤☮ Ron Paul☮❤☀ ★R[̲̅ə̲̅٨̲̅٥̲̅٦̲̅]ution★
    911✡====✈ ▌▌Freedom around the world is going down the drain.

  • American Government is really difficult to understand as a foreigner.
    Thanks allot for your msg you helped me to understand everything much better

  • Well, some people (not including me) want Ron Paul to run as third party IF he does NOT get nominated by the Republican Party.

    So that he is still in the race for precidency.

  • ever since the good doc had breakfast with that federal reserve guy things have been crap.

  • Forgetting something Ron? How about an election update?

  • viewer 280

  • wow youtube tried to unsuscribe me from this channel, just resubscribed

  • Thank you for you’re reply i apreciate that .
    So why would you like him in such an shit position than if i may ask ?

  • The elections and politics of the USA are mostly dominated by two political parties: the Democratic Party and Republican Party (often called GOP = grand old party).

    By third party candidates people refer to candidates nominated for presidency by parties other than those two parties.
    Since the Democratic and Republican Party also control the US mass-media, third-party candidates are mostly ignored and unknown and they have therefore no real chance to beat any of those two parties.

  • Im sorry im not from America and English is not my primary language.
    Please feel me in, what is an third party candidate ?

  • Dr. Paul,
    Please decide to run as a Third Party Candidate.
    You can beat both Romney and Obama; at the very least you would keep your ideas and those of your movement “deep” inside the political conversation. The American People are waking up, so unless you can capture the Republican Nomination, please Dr. Paul decide to run as a Third Party Candidate.
    Thank you,
    Long time supporter

  • Rony 2012

  • “I am convinced that there are more threats to American liberty within the 10 mile radius of my office on Capitol Hill than there are on the rest of the globe.” — Ron Paul

  • viva la revolutione

  • .the evil that is manifest deems near 100% death toll for humanity. it is about there. it really is. there is no much excuse. there is no excuse.

  • no, unelected hidden filth. actually, “filth” that is the rule. Filth by filthy people, each. together, uniform filth.

  • Don’t kill off the Bill of Rights just yet… The Revolution is just getting started 😉