S.2003 - Due Process Guarantee Act of 2011

A bill to clarify that an authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States and for other purposes. view all titles (2)

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  • Official: A bill to clarify that an authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States and for other purposes. as introduced.
  • Short: Due Process Guarantee Act of 2011 as introduced.

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  • thedreadpirateBeatrix 01/06/2012 7:55am

    upon further review of the bill it allows this to be waived by act of congress. NDAA is an act of congress. as the wording is it will not protect us. Senator please revise to give us full protection. thank you.

  • Comm_reply
    restoreruleoflaw 01/06/2012 4:31pm

    I would also like our right to due process to be unconditional and agree with the general sentiment of your comment.

    That being said, this bill provides meaningfully greater protections than without. It states that if you (or any citizen/LPR) are arrested under prior “authorization to use military force, a declaration of war, or any similar authority” (e.g., Patriot Act, NDAA, etc.) your right to due process could only be taken away by an act of Congress. This would apply individual by individual and the event would occur in a very public fashion allowing the opportunity for other groups to come to your defense. Also, Congress would have to agree to do it. And we’ve all seen how problematic that can prove to be. I believe those things would provide a material bar to removal of a citizen’s right to due process.

    I agree this bill isn’t perfect, but I hope you’ll reconsider your position and lend your support to those benefits it does provide (see also H.R.3702).

  • erturne 01/06/2012 7:51pm

    If we didn’t have laws like NDAA 2012 (H.R. 1540) then we wouldn’t need other laws to protect us. I believe that everyone should have the right to due process, regardless. Holding people indefinitely without a fair trial (even for terrorists) is just plain wrong.

  • mgdesmond13 01/13/2012 10:47am

    congress can not overturn our natural liberties. any law repugnant to the constitution is void. I’m surprised they had the ca hones to add this in the bill. Was it a blatant attempt at trying to sell tyranny? I would say, most likely, but it seems to have had the opposite affect.

    “A government afraid of its citizens is a Democracy. Citizens afraid of government is tyranny!”


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