If the search above expired, the law is: 112th Congress (2011-2012) H.R.1540.EH
At Issue with the 4th Amendment of the Constitution of the United States, and possibly with the United Nations Charter as well, is the following section of the bill:
SEC. 1034. AFFIRMATION OF ARMED CONFLICT WITH AL-QAEDA, THE TALIBAN, AND ASSOCIATED FORCES.
- Congress affirms that–
- (1) the United States is engaged in an armed conflict with al-Qaeda, the Taliban, and associated forces and that those entities continue to pose a threat to the United States and its citizens, both domestically and abroad;
- (2) the President has the authority to use all necessary and appropriate force during the current armed conflict with al-Qaeda, the Taliban, and associated forces pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note);
- (3) the current armed conflict includes nations, organization, and persons who–
- (A) are part of, or are substantially supporting, al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners; or
- (B) have engaged in hostilities or have directly supported hostilities in aid of a nation, organization, or person described in subparagraph (A); and
- (4) the President’s authority pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) includes the authority to detain belligerents, including persons described in paragraph (3), until the termination of hostilities.
- The term “associated” and “termination of hostilities” are so vague and boundless that fundamentally amount to endless, absolute power.
- The P.L. 107-40 of September 18, 2001 is below:
While the 2001 law explicitly linked the actions to be taken to those involved in the attacks in New York City and elsewhere, the present authorization does not establish such a clear link and leaves up to the president to determine who is to be targeted.