‘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:


Michigan House committee votes down health care exchanges

LANSING, Mich. (Nov. 29, 2012) – A Michigan House committee has voted down legislation that would have authorized setting up a state-run insurance exchange under the Patient Protection and Affordable Care Act.

Following extensive and spirited testimony from the assembled speakers on Thursday, the vote was 9-5 against House bill 3, substitute for Senate Bill 693, introduced by Sen. Jim Marleau. Two representatives abstained.

An intrepid group of Michigan Patriots from across the state, and with various affiliations, testified against state implementation of Obamacare exchanges.

The Tenth Amendment, nullification and interposition positions were well-articulated by the independent thinkers and grass roots activists. Tenth Amendment Center, Campaign for Liberty, Americans for Prosperity and Oath Keepers were among the groups with volunteer representation at the hearing speaking against the enabling legislation. Supporters of the Trojan Horse State Exchange proposal appeared to be primarily paid corporate and bureaucratic lobbyists, according to Health Freedom supporters on the ground.


Nullifying ObamaCare: An Alternative To The Supreme Court Ruling

Recently, the Supreme Court ruled that Obamacare was constitutional.

The Administration takes this as a green light to implement ObamaCare to its fullest extent possible. Because the election went in President Obama’s favor, the Senate and House have lost any desire to overturn the law. Without the overturn, it looks like the law making Obamacare a reality is going to stand forever.

Or is it?

In order to make Obamacare work properly, as it currently stands, there are two mainstays of Obamacare that must be carried out on the state level. Each state must implement an insurance exchange and they must drastically expand Medicare according to the law. These two items of ObamaCare will cost the states untold millions of dollars to implement.

When federal law goes bad, it is up to the states to protect their citizens. The legal theory is called nullification. Nullification is the idea that any given state has the right to invalidate federal laws that they consider unconstitutional. Somewhere along the line the Supreme Court got it wrong in their reasoning. Accordingly, it is like saying that since the government has a stake in GM it can create a law that says we can only buy GM cars. If we buy any other type of car we have to pay an extra tax on it.


Arizona will not Create a State Health Exchange

Arizona Gov. Jan Brewer will not be implementing a state-run health insurance exchange This is a key peice to President Barack Obama’s federal health care law (Obamacare). Brewer made her decision on Wednesday. Instead of an exchange, the federal government will set up an online marketplace for the state that will offer subsidized private health coverage to the middle class.

Her decision, according to her letter informing DC of her decision, was based on the costs and suspicions associated with a state-run exchange. Other concerns raised were the inability to customize unique policies for Arizona citizens and whether or not it was constitutional.

Brewer joins approximately 20 governors nationwide who have also denied creating state-run exchanges. Hospitals, insurance companies and business groups wanted Governor Brewer to implement a state-run exchange, claiming that it would give the state flexibility in designing a program to its liking. Groups such as the Goldwater Institute and the Arizona Tenth Amendment Center, stood in opposition.