‘Due Process Guarantee Amendment’ Passes, Congress Still Able to Indefinitely Detain American Citizens
Sen. Dianne Feinstein’s amendment to end the indefinite detention provision under NDAA has passed in the U.S. Senate. The “Due Process Guarantee Amendment” has a purpose to prohibit the use of military force to detain a citizen, or lawful permanent U.S. resident, without charge or trial.
“Purpose: To clarify that an authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States.”
The amendment appears to end the controversial NDAA provision that allows the President to detain U.S. citizens he deems a threat, without a charge or trial. However, there are many problems with this amendment. Given the fact that the U.S. Constitution in no way gives Congress, or the President, the power to indefinitely detain American citizens without a charge, trial, or attorney (except in cases of rebellion or invasion), you have to wonder how this amendment improves upon the original NDAA bill.
In this amendment, it states:Details