Why Do We Need H.R. 3676 If Our Rights to Due Process Are Safe?

H.R. 3676 has been introduced in the U.S. House of Representatives to ensure that the rights of due process of American Citizens will be protected against abuses of the NDAA.  We have to ask why this legislation is necessary since the president (D) and Allen West (R) have assured the public that our rights will be protected. We also have to ask what impact H.R. 3166 will have if this legislation passes but the government is able to strip a person of his citizenship thus rendering H.R. 3676 moot?

Glenn Beck recently made an observation that I initially dismissed but after more consideration, may be more true than we want to believe:

The Democrat Party is leading America to Communism and the Republican Party is leading America to Fascism.

After the legislation passed in the passed month and “recess” appointments strengthening the role of Communists (labor unions) in America, I now ask who is leading America back to freedom? The answer is found in the mirror if you believe in America and not in government.

David DeGerolamo

112th CONGRESS
1st Session
H. R. 3676

To amend the detainee provisions of the National Defense Authorization Act for Fiscal Year 2012 to specifically state that United States citizens may not be detained against their will without all the rights of due process afforded to citizens in a court ordained or established by or under Article III of the Constitution of the United States.

 

IN THE HOUSE OF REPRESENTATIVES

December 15, 2011

Mr. Landry (for himself, Mr. Duncan of South Carolina, Mr. Bucshon, Mr. Huelskamp, Mr. Graves of Georgia, Mr. Walsh of Illinois, Mr. Rokita, Mr. Labrador, Mr. Harris, Mr. Stutzman, Mr. Ribble, Mr. DesJarlais, Mr. Culberson, Mr. Roe of Tennessee, Mr. Gowdy, Mr. Mulvaney, Mr. Reed, Mr.Gohmert, Mr. Clarke of Michigan, and Mr. Gosar) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
 

To amend the detainee provisions of the National Defense Authorization Act for Fiscal Year 2012 to specifically state that United States citizens may not be detained against their will without all the rights of due process afforded to citizens in a court ordained or established by or under Article III of the Constitution of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. DUE PROCESS RIGHTS OF UNITED STATES CITIZENS.

(a) Application To Detainee Provisions.—Subsection (e) of section 1021 of the National Defense Authorization Act for Fiscal Year 2012 is amended to read as follows:

“(e) Protections.—

“(1) UNITED STATES CITIZENS.—In applying this section and section 1022, no United States citizen may be detained against his or her will without all the rights of due process afforded to the citizen in a court ordained or established by or under Article III of the Constitution of the United States.

“(2) LAWFUL RESIDENT ALIENS AND OTHER PERSONS IN THE UNITED STATES.—Nothing in this section shall be construed to affect existing law or authorities relating to the detention of lawful resident aliens of the United States or any other persons who are captured or arrested in the United States.”.

(b) Effective Date.—The amendment made by subsection (a) shall take effect as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012.

      
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