Hotel Guantanamo

In yet another attack on liberty and the individual, President Obama recently signed into law the National Defense Authorization Act (NDAA) which contains provisions that could authorize the indefinite detention of American citizens. Under the act Americans suspected of terrorism can be detained indefinitely in military custody without charge or trial. The act is particularly troubling because of the lack of geographic or temporal limitations. Combined with the act's vague description of what "terrorism" is, it is understandable why the act has many civil rights and libertarian groups worried that American citizens are at risk of having their fourth amendment rights violated. They argue that not only is the bill unconstitutional, but that it violates international law because it is not limited to people captured in the context of an actual armed conflict as required by international law.

President Obama had threatened to veto the bill over the provision of indefinite detention but moved away from this stance following the bills bi-partisan support, he did however issue a signing statement stating "serious reservations" about the provisions, and that the use of said provisions would never be employed by his administration. His statements however did not address the fears of citizens that future administrations may use the provisions to violate the rights of Americans.

The provision contained within the NDAA is just another example of the problems America faces in trying to keep the country safe from the actions of terror organizations while upholding civil liberties. The NDAA, coupled with the PATRIOT act's provision that those being investigated for terrorism can not inform others of the investigation, could theoretically allow citizens wrongfully accused of terrorism to be held in military custody for months without trial while being restricted from taking legal action against their captors. This begs the question as to whether or not keeping Americans safe from terrorism is worth giving up the liberties that were earned by so many paying the ultimate sacrifice.

In my opinion the loss of liberty is never justified by the excuse of public safety. As Benjamin Franklin once said, “Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety". Fortunately our founders had the foresight to give us three branches of government, and the final word on the authority of detention belongs to the Supreme Court, which has yet to rule on the issue. In the meantime lets all hope we don't end up living the words sang by Eagles front man Don Henley "We are programmed to receive..you can check out any time you like, but you can never leave".