The latest Defense Authorization Act #1867 due to be voted on Monday or Tuesday has a portion that grants this president – and every future president – the power to order the military to pick up and imprison without charge or trial civilians anywhere in the world.
The ‘King Clause’ *of the constitution states:
‘(Only) The Congress shall have the power to declare war, grant letters of marque and reprisal make rules concerning captures on land and water.
(Article I, section 8, clause 11)
This makes 3 for 3.
• No declared war in 65 years.
• A letter of marque and reprisal is a privateer’s, or pirates’s license.
Over 100,000 ‘private contractors’ work abroad enforcing America’s will, sometimes fatally. These ‘privateers’ require letters of marque and reprisal from the Congress, not that section of the Executive branch called the Department of Defense, NSA, CIA, etc.
• Now the Congress, (the word means ‘to walk upright’), wishes to defer its power to the Executive branch by law concerning captures on land and water.
Every legislator, judge, president and person of military service makes an oath to preserve and protect the US constitution.
The constitution must be altered by amendment. It cannot be changed by statute.
Otherwise it is not a constitution, but merely a set of obfuscatory verbiage no different from the ‘laws’ under Benito Mussolini or Idi AMin.
That the Congress would consider offering the President of the United States power to kill, or ‘pick up’ at will anyone of his choosing is more a comment upon the diminished character of the Congress than any reference to ‘law’, for it is in abject contradiction of the constitution by persons who have sworn to ‘protect’ it.
I say its consideration by Congress is an aspersion upon the American people. I have no understanding how a rational person could read the constitution and then surmise in any fashion that the president at will can seize anyone at will.
The Constitution begins with the three words “We the People”, notably not we the citizens, we the lawyers, we the supreme court justices, or any other exclusatory officious subgroup of what it takes to be an American. It, however, assumes that that the humans referred have honor, namely that their words are in concert with their action.
The founders of this country were well aware of seductiveness of power and thus provided us with checks an balances to protect us All from its abuse, but those checks were made of words, and if words are not honored the constitution is a farce, the flag is a rag, and America, the United States of America, is mighty military force run by a gang.
*The ‘king clause’ of the constitution is so named because if ignored, the president is effectively made king, able to invade, plunder and kill at will and whim.
I hope it goes without saying that this is precisely why the founders created this sweet country in order to free themselves from King George.
If you have questions about the “(only)” it is inferred in the structure of the Articles of the constitution Article I reserves exclusive powers for the Congress, Article II for the Executive, and Article III for the Judicial branch.
David Bean Amendments 4 and 5 follow, should the text of the constitution be insufficient to convince.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Just a note: the War referred to in the amendment above, of course is declared, as stated in the king clause. War is not informal. People and countries like to be informed who is dropping bombs on them and why. That way, an end to hostilities can be sought. Without such a declaration, it is impossible to come to terms…. as our continued stance with North Korea affirms.