Judicial Juggling: NDAA vs. Fundamental Rights



Judicial Juggling: NDAA vs. Fundamental Rights

The Judicial juggling of our most fundamental rights of liberty and due process – in this case, to not be kidnapped and imprisoned indefinitely with no trial or charge pursuant to the NDAA — continues. And, unfortunately, as with pretty much all review of Legislative and Executive actions, the judiciary continues to presume those actions valid; even now, when the soul of our constitutional republic is at stake.

Many groups and organizations have stood up against the NDAA. TAC has been leading – with much success – state and local nullification throughout the Country (http://tenthamendmentcenter.com/nullification/ndaa/). A group of activists and reporters, led by Pulitzer Prize winning journalist, Christopher Hedges, opted to work within the Federal judicial system and sued president Obama in the U.S. District Court for the Southern District of New York.

TAC communication director Mike Maharrey has provided a great summation of events as of September 18, 2012 (http://blog.tenthamendmentcenter.com/2012/09/judge-reinstates-federal-kidnapping-powers/). Briefly, Judge Katherine Forrest of the District Court permanently enjoined the President from utilizing NDAA section 1021. In an incredibly reasoned and brave decision, she found that NDAA section 1021 is unconstitutional because it has actually and unreasonably infringed on the 1st Amendment expressive and journalistic activities of the Plaintiffs. (more…)






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