National Defense Authorization Act: Is This The Line In The Sand?

Posse Comitatus…

Due Process…

Habeas Corpus…

What do these all have in common?  Suspension and death, if the National Defense Authorization Act is not vetoed by the President of the United States.

U.S. Congressman Paul Gosar, D.D.S. (AZ-01) said it this way, “Today, I voted against H.R. 1540, the National Defense Authorization Act of 2012 because I firmly believe federal government’s constitutional duty to provide for the common defense is not mutually exclusive to upholding civil rights granted to American citizens via the U.S. Bill of Rights.

“Under Article I, Section 8 of the United States Constitution, the defense of the American people is one of the federal government’s the primary constitutional functions. The national security of the United States is of utmost importance to me; however this vital work should not be done at the expense of the civil rights of American citizens.”

This is not a partisan issue, this is a fundamental stripping of American sacred rights under the pretense of national security.  In fact, based on the interpretation of this proposed law by 150 national legislators and many law experts, I am risking my liberty by even speaking out about this travesty.

On the face of it, if not vetoed, this measure will end American Liberty as we know it. As it appears that President Obama will not likely veto this law (short of a miraculously politically motivated re-election move), 6:58 PM ET on December 14, 2011 will go down in history as the day America died.

I am not trying to be dramatic, but the implications are enormous.  Consider this: prior to 1861, no one could have guessed that a portion of the United States would be under martial law from 1865 to 1877 with the military governing the former confederate states.

As a matter of fact, following Lincoln’s assassination in April 1865, president Andrew Johnson tried to follow Lincoln’s policies and appointed new governors in the summer of 1865. Johnson quickly declared that the war goals of national unity and the ending of slavery had been achieved, so that reconstruction was completed.

Republicans in Congress refused to accept Johnson’s terms, rejected the new members of Congress elected by the South, and in 1865–66 broke with the president.

A sweeping Republican victory in the 1866 Congressional elections in the North gave the Radical Republicans enough control of Congress that they overrode Johnson’s vetoes and began what is called “Radical Reconstruction” in 1867. Congress removed the civilian governments in the South in 1867 and put the former Confederacy under the rule of the U.S. Army.

This was an embarrassing and shameful time of retaliation, national humiliation, and exhibition of tyrannical powers against millions of Americans.  Think twice if you think it can’t happen again.

In addition to the civilian voices warning against the adoption of this law, others warn of the potencial catastrophe that awaits including the Secretary of Defense, Director of National Intelligence, and both directors of the FBI and the CIA.

I have included the voting records of both houses as a reality check and so you can put this in your journals and show it to your children as the event that crossed the line from liberty to tyranny.

There is a line, it seems, that all governments eventually cross.  It is a line that marks the point of no possible return to how things used to be.  It is a line that once crossed, the new policies and positions must be “seen through to the end” to justify taking the bold step to begin with.

It is the line that Hitler crossed, the line that Lenin crossed and the line that Moa crossed.  When it gets to this point, it is more about governmental self-preservation than protection of citizen-rights.

All I can do is hope that I am over reacting.  But it may be that we have crossed the line and have completely entered the Twilight Zone, time will tell……very soon.

Here are the voting results for the National Defense Authorization Act from the Senate and the House of Representatives*:

HR 1540 – Voting Record

Date: Dec. 15, 2011

Roll Number: 230
Yea: 86 Nay: 13
Conference Report Adopted (Senate)
State District Name Party Vote
AK Sr Sen. Lisa A. Murkowski Republican Yea
AK Jr Sen. Mark Begich Democratic Yea
AL Sr Sen. Richard C. Shelby Republican Yea
AL Jr Sen. Jefferson Beauregard ‘Jeff’ Sessions III Republican Yea
AR Sr Sen. Mark Lunsford Pryor Democratic Yea
AR Jr Sen. John N. Boozman Republican Yea
AZ Sr Sen. John Sidney McCain III Republican Yea
AZ Jr Sen. Jon Kyl Republican Yea
CA Sr Sen. Dianne Feinstein Democratic Yea
CA Jr Sen. Barbara Boxer Democratic Yea
CO Sr Sen. Mark E. Udall Democratic Yea
CO Jr Sen. Michael Farrand Bennet Democratic Yea
CT Sr Sen. Joseph I. ‘Joe’ Lieberman Independent Democrat Yea
CT Jr Sen. Richard Blumenthal Democratic Yea
DE Sr Sen. Thomas Richard ‘Tom’ Carper Democratic Yea
DE Jr Sen. Christopher A. ‘Chris’ Coons Democratic Yea
FL Sr Sen. William Clarence ‘Bill’ Nelson Sr. Democratic Yea
FL Jr Sen. Marco Rubio Republican Yea
GA Sr Sen. Clarence Saxby Chambliss Republican Yea
GA Jr Sen. John H. ‘Johnny’ Isakson Republican Yea
HI Sr Sen. Daniel K. Inouye Democratic Yea
HI Jr Sen. Daniel Kahikina Akaka Sr. Democratic Yea
IA Sr Sen. Charles E. ‘Chuck’ Grassley Republican Yea
IA Jr Sen. Thomas ‘Tom’ Harkin Democratic Nay
ID Sr Sen. Michael D. ‘Mike’ Crapo Republican Nay
ID Jr Sen. James E. ‘Jim’ Risch Republican Nay
IL Sr Sen. Richard J. ‘Dick’ Durbin Democratic Nay
IL Jr Sen. Mark Steven Kirk Republican Yea
IN Sr Sen. Richard G. ‘Dick’ Lugar Republican Yea
IN Jr Sen. Daniel R. Coats Republican Yea
KS Sr Sen. Charles Patrick ‘Pat’ Roberts Republican Yea
KS Jr Sen. Jerry Moran Republican Did Not Vote
KY Sr Sen. Mitch McConnell Republican Yea
KY Jr Sen. Rand Paul Republican Nay
LA Sr Sen. Mary L. Landrieu Democratic Yea
LA Jr Sen. David B. Vitter Republican Yea
MA Sr Sen. John Forbes Kerry Democratic Yea
MA Jr Sen. Scott P. Brown Republican Yea
MD Sr Sen. Barbara A. Mikulski Democratic Yea
MD Jr Sen. Benjamin L. ‘Ben’ Cardin Democratic Nay
ME Sr Sen. Olympia Jean Snowe Republican Yea
ME Jr Sen. Susan M. Collins Republican Yea
MI Sr Sen. Carl Levin Democratic Yea
MI Jr Sen. Debbie Ann Stabenow Democratic Yea
MN Sr Sen. Amy Klobuchar Democratic/Farmer/Labor Yea
MN Jr Sen. Al Franken Democratic/Farmer/Labor Nay
MO Sr Sen. Claire McCaskill Democratic Yea
MO Jr Sen. Roy Blunt Republican Yea
MS Sr Sen. Thad Cochran Republican Yea
MS Jr Sen. Roger F. Wicker Republican Yea
MT Sr Sen. Max S. Baucus Democratic Yea
MT Jr Sen. Jon Tester Democratic Yea
NC Sr Sen. Richard M. Burr Republican Yea
NC Jr Sen. Kay R. Hagan Democratic Yea
ND Sr Sen. Kent Conrad Democratic-NPL Yea
ND Jr Sen. John H. Hoeven Republican Yea
NE Sr Sen. E. Benjamin ‘Ben’ Nelson Democratic Yea
NE Jr Sen. Mike O. Johanns Republican Yea
NH Sr Sen. Jeanne Shaheen Democratic Yea
NH Jr Sen. Kelly A. Ayotte Republican Yea
NJ Sr Sen. Frank R. Lautenberg Democratic Yea
NJ Jr Sen. Robert ‘Bob’ Menendez Democratic Yea
NM Sr Sen. Jeff Bingaman Democratic Yea
NM Jr Sen. Thomas S. ‘Tom’ Udall Democratic Yea
NV Sr Sen. Harry M. Reid Democratic Yea
NV Jr Sen. Dean Heller Republican Yea
NY Sr Sen. Charles E. ‘Chuck’ Schumer Democratic Yea
NY Jr Sen. Kirsten E. Gillibrand Democratic Yea
OH Sr Sen. Sherrod C. Brown Democratic Yea
OH Jr Sen. Robert J. ‘Rob’ Portman Republican Yea
OK Sr Sen. James M. ‘Jim’ Inhofe Republican Yea
OK Jr Sen. Thomas Allen ‘Tom’ Coburn Republican Nay
OR Sr Sen. Ron Wyden Democratic Nay
OR Jr Sen. Jeffery A. ‘Jeff’ Merkley Democratic Nay
PA Sr Sen. Robert P. ‘Bob’ Casey Jr. Democratic Yea
PA Jr Sen. Patrick J. ‘Pat’ Toomey Republican Yea
RI Sr Sen. John Francis ‘Jack’ Reed Democratic Yea
RI Jr Sen. Sheldon Whitehouse Democratic Yea
SC Sr Sen. Lindsey O. Graham Republican Yea
SC Jr Sen. James W. ‘Jim’ DeMint Republican Nay
SD Sr Sen. Timothy Peter ‘Tim’ Johnson Democratic Yea
SD Jr Sen. John R. Thune Republican Yea
TN Sr Sen. Lamar Alexander Republican Yea
TN Jr Sen. Robert ‘Bob’ Corker Republican Yea
TX Sr Sen. Kay Bailey Hutchison Republican Yea
TX Jr Sen. John Cornyn Republican Yea
UT Sr Sen. Orrin G. Hatch Republican Yea
UT Jr Sen. Michael ‘Mike’ Lee Republican Nay
VA Sr Sen. James H. ‘Jim’ Webb Jr. Democratic Yea
VA Jr Sen. Mark R. Warner Democratic Yea
VT Sr Sen. Patrick J. Leahy Democratic Yea
VT Jr Sen. Bernard ‘Bernie’ Sanders Independent Nay
WA Sr Sen. Patty Murray Democratic Yea
WA Jr Sen. Maria Cantwell Democratic Yea
WI Sr Sen. Herbert H. ‘Herb’ Kohl Democratic Yea
WI Jr Sen. Ron Johnson Republican Yea
WV Sr Sen. John D. ‘Jay’ Rockefeller IV Democratic Yea
WV Jr Sen. Joe Manchin III Democratic Yea
WY Sr Sen. Michael B. ‘Mike’ Enzi Republican Yea
WY Jr Sen. John Barrasso Republican Yea

 

FINAL VOTE RESULTS FOR ROLL CALL 932

(Republicans in roman; Democrats in italic; Independents underlined)

 

H R 1540      RECORDED VOTE      14-Dec-2011      6:58 PM

QUESTION:  On Agreeing to the Conference Report

BILL TITLE: To authorize appropriations for fiscal year 2012 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes

 

Ayes Noes PRES NV
Republican 190 43 8
Democratic 93 93 6
Independent
TOTALS 283 136   14

 

 

—- AYES    283 —

 

AckermanAdamsAderholtAkinAlexanderAltmireAmodeiAndrewsAustriaBacaBachusBarlettaBarrow

Bartlett

Barton (TX)

Bass (NH)

Benishek

Berg

Berkley

Berman

Biggert

Bilbray

Bilirakis

Bishop (GA)

Bishop (NY)

Bishop (UT)

Black

Blackburn

Bonner

Bono Mack

Boren

Boswell

Boustany

Brady (PA)

Brady (TX)

Brooks

Broun (GA)

Brown (FL)

Buchanan

Buerkle

Butterfield

Calvert

Camp

Canseco

Cantor

Capito

Capps

Cardoza

Carnahan

Carney

Carter

Cassidy

Castor (FL)

Chabot

Chandler

Cicilline

Cole

Conaway

Connolly (VA)

Cooper

Costa

Courtney

Cravaack

Crawford

Crenshaw

Critz

Crowley

Cuellar

Culberson

Davis (CA)

Davis (KY)

Denham

Dent

Deutch

Dicks

Dingell

Doggett

Dold

Donnelly (IN)

Dreier

Duffy

Ellmers

Emerson

Engel

Farenthold

Fincher

Fitzpatrick

Fleischmann

Fleming

Flores

Fortenberry

Foxx

Franks (AZ)

Frelinghuysen

Gallegly

GaramendiGardnerGerlachGibbsGibsonGingrey (GA)GohmertGonzalezGrangerGraves (MO)Green, AlGreen, GeneGriffin (AR)

Grimm

Guinta

Guthrie

Hall

Hanabusa

Hanna

Harper

Hartzler

Hastings (WA)

Hayworth

Heck

Hensarling

Herger

Herrera Beutler

Higgins

Himes

Hirono

Hochul

Holden

Hoyer

Hultgren

Hunter

Inslee

Israel

Issa

Jackson Lee (TX)

Jenkins

Johnson (OH)

Johnson, Sam

Jordan

Keating

Kelly

Kildee

Kind

King (IA)

King (NY)

Kingston

Kinzinger (IL)

Kissell

Kline

Lamborn

Lance

Landry

Langevin

Lankford

Larsen (WA)

Larson (CT)

Latham

Latta

Levin

Lewis (CA)

Lipinski

LoBiondo

Loebsack

Long

Lowey

Lucas

Luetkemeyer

Lungren, Daniel E.

Manzullo

Marchant

Marino

Matheson

McCarthy (CA)

McCarthy (NY)

McCaul

McCotter

McHenry

McIntyre

McKeon

McKinley

McMorris Rodgers

McNerney

Meehan

Mica

Miller (FL)

Miller (MI)

Miller, Gary

Murphy (PA)

Neugebauer

Noem

Nugent

NunesNunneleeOlsonOwensPalazzoPascrellPastor (AZ)PaulsenPearcePelosiPerlmutterPetersonPetri

Platts

Poe (TX)

Pompeo

Price (GA)

Quayle

Rahall

Reed

Rehberg

Reichert

Renacci

Reyes

Richardson

Rigell

Rivera

Roby

Rogers (AL)

Rogers (KY)

Rogers (MI)

Rooney

Ros-Lehtinen

Roskam

Ross (AR)

Ross (FL)

Rothman (NJ)

Runyan

Ruppersberger

Ryan (WI)

Sánchez, Linda T.

Scalise

Schiff

Schilling

Schmidt

Schock

Schrader

Schwartz

Scott (SC)

Scott, Austin

Scott, David

Sensenbrenner

Sessions

Sewell

Sherman

Shimkus

Shuler

Shuster

Sires

Smith (NE)

Smith (NJ)

Smith (TX)

Smith (WA)

Southerland

Stearns

Stivers

Sullivan

Sutton

Terry

Thompson (PA)

Thornberry

Tiberi

Tsongas

Turner (NY)

Turner (OH)

Upton

Visclosky

Walden

Walz (MN)

Wasserman Schultz

Waxman

Webster

West

Westmoreland

Whitfield

Wilson (FL)

Wilson (SC)

Wittman

Wolf

Womack

Yoder

Young (AK)

Young (IN)

 

—- NOES    136 —

 

AmashBaldwinBass (CA)BecerraBlumenauerBraley (IA)BucshonBurgessBurton (IN)CampbellCapuanoCarson (IN)Chaffetz

Chu

Clarke (MI)

Clarke (NY)

Clay

Cleaver

Clyburn

Coffman (CO)

Cohen

Conyers

Costello

Cummings

Davis (IL)

DeFazio

DeGette

DeLauro

DesJarlais

Doyle

Duncan (SC)

Duncan (TN)

Edwards

Ellison

Eshoo

Farr

Fattah

Flake

Forbes

Frank (MA)

Fudge

Garrett

Goodlatte

Gosar

Gowdy

Graves (GA)

Griffith (VA)GrijalvaHahnHarrisHastings (FL)HeinrichHincheyHinojosaHoltHondaHuelskampHuizenga (MI)Hurt

Jackson (IL)

Johnson (GA)

Johnson (IL)

Jones

Kaptur

Kucinich

Labrador

Lee (CA)

Lewis (GA)

Lofgren, Zoe

Luján

Lummis

Mack

Maloney

Markey

Matsui

McClintock

McCollum

McDermott

McGovern

Meeks

Michaud

Miller (NC)

Miller, George

Moore

Moran

Mulvaney

Murphy (CT)

Nadler

Napolitano

Neal

Olver

Pallone

PaynePencePetersPingree (ME)PolisPoseyPrice (NC)QuigleyRangelRibbleRichmondRoe (TN)Rohrabacher

Rokita

Roybal-Allard

Royce

Rush

Ryan (OH)

Sarbanes

Schakowsky

Schweikert

Scott (VA)

Serrano

Simpson

Slaughter

Speier

Stark

Stutzman

Thompson (CA)

Thompson (MS)

Tierney

Tipton

Tonko

Towns

Van Hollen

Velázquez

Walberg

Walsh (IL)

Waters

Watt

Welch

Woodall

Woolsey

Yarmuth

 

—- NOT VOTING    14 —

 

BachmannCobleDiaz-BalartFilnerGiffords GutierrezJohnson, E. B.LaTouretteLynchMyrick PaulPittsSanchez, LorettaYoung (FL)

* This is all happening quickly, forgive me if my statistics are less that error free.

15 Comments

  1. Name
    Dec 17, 2011

    Andrew Jackson was not president after Lincoln. While you sort of correct this in the same paragraph (you use the name Johnson, who did follow Lincoln) it is still Jackson’s picture you have posted.

    • Shanon Brooks
      Dec 18, 2011

      Thank you!

      I did add a disclaimer at the end of the post suggesting that I might not be accurate on my facts, but I was actually so concerned about the voting records that I missed this huge embarrassing error.

      If there was any doubt as to my fallibility, all doubt is now cast aside.

      Thanks again.

    • Magellan
      Dec 22, 2011

      Shannon – You are correct. That IS a picture of Andrew Johnson who was the V.P. when President Lincoln was assinated. The Congress tried to impeach him, but failed by one vote.

      • Shanon Brooks
        Dec 22, 2011

        Thanks. That post was done in great haste and I may never live down the mistakes….oh well.

  2. Sharla Christie
    Dec 18, 2011

    I believe they were under martial law, rather than Marshall Law from 1865 to 1877, meaning the imposition of military rule on the people. This is supposedly a temporary state of affairs; however, looking to the future, as you pointed out, they may be planning on it being a little more permanent. Thanks for the article.

    • Shanon Brooks
      Dec 18, 2011

      Boy, when I make errors I do it big. I knew I was sending this without my usual editing time (can’t see my own mistakes) but this is terrible.

      Of course you are right. Thank goodness this only a blog and not a book or letter to the president.

      I would personally not consider marshall law for ten years as a temporary state of affairs. And if it weren’t for the Compromise of 1877, who knows how long this state of affairs would have continued.

      It gives me chills.

  3. Scott Mitchell
    Dec 18, 2011

    Spooky. Once more to rid Utah of Hatch and Matheson

  4. Wilma Koss
    Dec 18, 2011

    I have attempted to read the text of H.R.1540 but cannot find the section to which Paul refers. Since my congressman voted in favor of the bill, I would like to question him on his lack of support for personal liberty, but would like to have accurate facts.

    If you can provide the Title and Section, I would be most appreciative.

  5. Shanon Brooks
    Dec 18, 2011

    Wilma,

    This law allows the military to incarcerate an American citizen, on American and hold them indefinitely without trial.

    This violates Posse Comitatus, Due Process, and Habeas Corpus. This is what U.S. Congressman Paul Gosar what talking about. You could ask your rep. if this law has any negative impact on those three things and if yes, then why did he vote for them?

    If he says no, then ask is there any possibility that the law allows the military to incarcerate an American citizen, on American and hold them indefinitely without trial. If no, he has either not read the law, is extremely naive or he is lying.

    The question here is, when national security and civil liberty are at odds, what should take primacy?

    Always civil liberties! Show me an occasion where security over-shadowed civil liberties, and then the liberties were restored and I will show you a hundred times when they were not!!

    Government almost never gives up power voluntarily.That is its nature. We would do well to consider that fact.

  6. Taylene
    Dec 19, 2011

    So, what action should we take now?

    • Shanon Brooks
      Dec 19, 2011

      That is the million dollar question. Following historical precedent, this had to happen, going so far down the wrong road, that we can not get back. Getting the right person into the White House, could help, someone who will not exercise this new power against American citizens.

      Another thing would be to beef-up our state governments, meaning to increase state sovereignty.

      Also, locally, we can all get very involved in our local government, get out of debt, enhance family relations and increase our own liberal arts educations.

      A good president (I favor Ron Paul) will make a difference, but the bottom line is if we are to have our rights and liberties protected, we need to do the protecting. This will happen one way or another–either we engage in the day-to-day local political process, personally achieve economic freedom (see The Servile State blog post), and stay vigilant, holding our elected officials’ feet to the fire or we will lose our rights and liberties and either live in tyranny or have to fight to try to get them back.

  7. Lowell Nelson
    Dec 19, 2011

    Another thing we can (should) do is support our local sheriff, particularly if he understands and adheres to the Constitution. Clearly, H.R. 1540 violates the constitutionally guaranteed rights to habeas corpus, to due process, etc., and would be held to be null and void by a good sheriff, who is the chief law enforcement officer in your county. Such a sheriff would interpose himself and his deputies between you (the citizenry) and any federal agents who attempted to execute the unconstitutional law. Sheriff Richard Mack will be training over a hundred sheriffs on this subject on January 31, 2012 at the CSPOA Convention. Please consider a donation to this cause. We may have lost most of Congress to the dark side, but there are still a number of sheriffs who will stand up for citizens in this country.

    • Shanon Brooks
      Dec 19, 2011

      It is true, the sheriff is the end of the line or the final defense in a county. A group of well educated sheriffs could make a real impact.

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