Some of you may remember studying the Magna Carta while in high school. I am not sure it is such an important document these days. Apparently many members of Congress don't seem to know about one of its most important concepts - the Right of Due Process.
The concern about S. 1987 the 2011 Defense Authorization Act is that Due Process for U.S. citizens will be lost. See the definition below of Due Process.
Click HERE for the complete text of S. 1867 as passed by the U.S. Senate on Dec. 2, 2011.
MTH
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From the Encyclopedia of Governance:
Due
process is a legal concept
referring to the guarantee that a government will follow fair procedures
when depriving a person of life, liberty, or property. A key element of
the rule of law is the idea that government must follow written
guidelines that restrict the actions it can take against individuals. Due
process suggests that an
established set of uniform legal procedures will be used to ensure a
just outcome, as opposed to arbitrary or individualized judgment. The
most basic level of due
process includes individuals'
rights to be notified of charges against them, to speak in their own
defense, and to be judged by a jury of their peers. It also includes the
right to just compensation for the seizure of property and public
disclosure of relevant laws.
Due
process is a long-standing concept
in the Anglo-American legal tradition, originating from the British
Magna Carta of 1215. Today, many nations have some form of due
process protected by their constitutions. In the United States, due
process is guaranteed by the Fifth
Amendment, which refers to the federal government, and Fourteenth
Amendment, which applies to the states and was passed after the Civil
War.
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Click HERE for the complete text of S. 1867 as passed by the U.S. Senate on Dec. 2, 2011.
Op-Ed Contributors
New York Times - Guantánamo Forever?
By CHARLES C. KRULAK and JOSEPH P. HOAR
Published: December 12, 2011
...One provision would authorize the military to indefinitely detain without charge people suspected of involvement with terrorism, including United States citizens apprehended on American soil. Due process would be a thing of the past...
...a second provision would mandate military custody for most terrorism suspects. It would force on the military responsibilities it hasn’t sought. This would violate not only the spirit of the post-Reconstruction act limiting the use of the armed forces for domestic law enforcement but also our trust with service members...
...A third provision would further extend a ban on transfers from Guantánamo, ensuring that this morally and financially expensive symbol of detainee abuse will remain open well into the future...link to complete article
Related News
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Senate Approves Requiring Military Custody in Terror Cases (November 30, 2011)
Times Topic: Detainees
Related in Opinion
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Editorial: Hobbling the Fight Against Terrorism (December 8, 2011)
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