The Patriot Post® · National Defense Authorization Act's Torture Provision

Another disturbing revelation on the National Defense Authorization Act: Senators Lieberman and Ayotte successfully argued for reinstating “enhanced interrogation techniques” (i.e., torture). Combining this with its other provision that U.S. citizens can now be detained indefinitely without trial or cause, it is now possible for the federal government to torture its own citizens. So much for the 8th amendment (“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”).

I understand there are many people that look at this and might say, “if someone engages in terrorist activity against the United States, they should be treated like an enemy combatant.” The problem is, who decides that someone is a terrorist? It’s not a far stretch that our federal government could decide to label Occupy Wall Street protesters as domestic terrorists. Our own Vice President referred to Democrats compromising with the Tea Party on the debt ceiling issue as “negotiating with terrorists.” Christians who stand by their beliefs and insist on praying in public places could soon be labeled religious extremists, and maybe eventually terrorists. Those that run websites questioning the Patriot Act or the NDAA could be labeled as sympathizing with terrorists. The U.S. government is encouraging citizens to “See something, say something.” Some even allege this includes encouraging children to essentially spy on their parents, and if a school official hears that a parent has said the “wrong thing” at home, that parent could potentially get labeled as a potential terrorist.

What if the government simply makes a mistake and apprehends the wrong guy? Now he or she can be detained indefinitely and also apparently tortured until he says what authorities want to hear.

Once the federal government places the label, “terrorist,” on a person, even if he or she is a U.S. citizen and whether or not there is any actual evidence to indicate they were involved in terrorist activity, the government no longer has to tell them why they’re being detained or give them a trial (i.e., a chance to defend themselves against possible false accusation) or protect them from cruel or unusual punishment. In other words, by labeling someone a terrorist, the government is giving itself permission to suspend the 5th, 6th, 7th, and 8th Amendments, to suspend our Bill of Rights. It is not a far stretch to imagine this eventually being used against citizens and groups politically opposed to those currently in power (Democrat and Republican).

The whole idea of the Constitution and our Bill of Rights is to put limitations on the federal government so that it cannot arbitrarily arrest its own people, so that it cannot deprive a person of life, liberty, or property without due process of law… and only of laws that do not themselves exceed the limitations of the Constitution. The role of government is to protect our liberties, not systematically take them away. The government does not grant us our rights. Rights are endowed to all people by our Creator. Our federal government does not have any power except those powers we the people delegated to it via the Constitution. It is high time we remind our government of that fact.

“All that is necessary for the triumph of evil is that good men do nothing.” (Edmund Burke)