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Subject: President Obama Signs NDAA rss

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Old News
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http://www.carbonated.tv/blogs/us-takes-first-step-towards-f...

As a citizen of a certain eastern European country I want to know what the American people think of Obama's signing of the National Defense Authorization Act. Do you think this Act has anything to do with democracy ?
 
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Rich Shipley
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The act mostly has to do with funding the military.

I'd rather the particular clause about detention was not in there, but a law cannot change the constitution. If someone tries to use the law in a non-constitutional way, it will be challenged and we'll see what happens.
 
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Born To Lose, Live To Win
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OldNews wrote:

http://www.carbonated.tv/blogs/us-takes-first-step-towards-f...

As a citizen of a certain eastern European country I want to know what the American people think of Obama's signing of the National Defense Authorization Act. Do you think this Act has anything to do with democracy ?


Sections 1021 and 1022 are definitely steps backward for freedom and human rights.
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Born To Lose, Live To Win
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rshipley wrote:

I'd rather the particular clause about detention was not in there, but a law cannot change the constitution. If someone tries to use the law in a non-constitutional way, it will be challenged and we'll see what happens.


Being ignorant of the nuts and bolts of something like this, if that section were to be challenged and found unconsitutional, would just that section be thrown out or does the whole Act come crashing down?
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MGK
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TheChin! wrote:
Being ignorant of the nuts and bolts of something like this, if that section were to be challenged and found unconsitutional, would just that section be thrown out or does the whole Act come crashing down?


Court's discretion, but usually they only throw out the offending section.
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Dan Schaeffer
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rshipley wrote:
The act mostly has to do with funding the military.

I'd rather the particular clause about detention was not in there, but a law cannot change the constitution. If someone tries to use the law in a non-constitutional way, it will be challenged and we'll see what happens.


Of course, that would require that (a) the public know or learn about the unconstitutional abuse of the law, which might be tough given the way indefinite detentions tend to be kept quiet; and (b) the civil courts be empowered to hear the case, which may not be possible. (I'd have to go back and reread exactly how the detention language is laid out to determine how it works.)
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Old News
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rshipley wrote:
If someone tries to use the law in a non-constitutional way, it will be challenged and we'll see what happens.


So this law can be challenged ? By whom ? Can a private person challenge it ?
 
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Rich Shipley
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OldNews wrote:
So this law can be challenged ? By whom ? Can a private person challenge it ?


A law is usually challenged by someone who is actually affected by it.
 
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Dan Schaeffer
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rshipley wrote:
OldNews wrote:
So this law can be challenged ? By whom ? Can a private person challenge it ?


A law is usually challenged by someone who is actually affected by it.


In fact, it cannot be challenged by someone who is not affected by it. To challenge any law, you must have standing to do so, defined as a legally protectable interest or stake in the outcome of a case.
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Golux13 wrote:
rshipley wrote:
OldNews wrote:
So this law can be challenged ? By whom ? Can a private person challenge it ?


A law is usually challenged by someone who is actually affected by it.


In fact, it cannot be challenged by someone who is not affected by it. To challenge any law, you must have standing to do so, defined as a legally protectable interest or stake in the outcome of a case.

An indictment itself. Democracy is very fragile,and laws like this and NDAA are added cracks in its...constitution.
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