National Defense Authorization Act for Fiscal Year 2012


Bill Text – 112th Congress (2011-2012) – THOMAS (Library of Congress).

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:

http://www.gpo.gov/fdsys/pkg/PLAW-107publ40/pdf/PLAW-107publ40.pdf

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.

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