While President Obama and Congressional members have made an effort to convince their constituents that the provisions in the National Defense Authorization Act will never be used against citizens of the United States, the fact is that the laws clearly allow for the detention, arrest and detainment of Americans without charge or trial. The President attempted to assuage these fears of potential abuse of the law by including a signing statement promising he would never use the law against Americans, but the statement itself is non-binding, leaving the possibility of misuse wide open.
In the event of a declared national emergency or war, when fear and panic are running rampant, the President will, without a shadow of a doubt, implement whatever means necessary in order to control the populace and maintain order.
And if you have any doubts about this possibility then pay close attention to the words of U.S. Supreme Court Justice Antonin Scalia at a recent event where law students asked the judge about the internment of Japanese-Americans during World War II.
Keep in mind that this is coming from one of the people who will be sitting on the panel of judges who decides whether or not such an act is Constitutional:
Well, of course, Korematsu was wrong. And I think we have repudiated in a later case.
But you are kidding yourself if you think the same thing will not happen again.
That’s what was going on — the panic about the war and the invasion of the Pacific and whatnot. That’s what happens. It was wrong, but I would not be surprised to see it happen again, in time of war.
It’s no justification, but it is the reality.
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