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U.S. Supreme Court Refuses to Hear NDAA Legal Challenge, Allowing President and Military to Arrest and Detain Americans

For Immediate Release: April 29, 2014 - U.S. Supreme Court Refuses to Hear NDAA Legal Challenge, Allowing President and Military to Arrest and Detain Americans Indefinitely Without Due Process

WASHINGTON, D.C. — In refusing to hear a legal challenge to the indefinite detention provision of the National Defense Authorization Act of 2012 (NDAA), the United States Supreme Court has affirmed that the President and the U.S. military can arrest and indefinitely detain individuals, including American citizens. By denying without comment a petition for review in Hedges v. Obama, the high court not only passed up an opportunity to overturn its 1944 Korematsu v. United States ruling allowing for the internment of Japanese-Americans in concentration camps, but also let stand a lower court ruling empowering the President to use “all necessary and appropriate force” to indefinitely detain persons associated with or “suspected” of aiding terrorist organizations. In weighing in on the case before the lower court, attorneys for The Rutherford Institute challenged the Obama administration’s claim that the NDAA does not apply to American citizens, arguing that the NDAA’s language is so unconstitutionally broad and vague as to open the door to arrests and indefinite detentions for speech and political activity that might be critical of the government.

“Once again, the U.S. Supreme Court has shown itself to be an advocate for the government, no matter how illegal its action, rather than a champion of the Constitution and, by extension, the American people,” said John W. Whitehead, president of The Rutherford Institute and author of A Government of Wolves: The Emerging American Police State. “No matter what the Obama administration may say to the contrary, actions speak louder than words, and history shows that the U.S. government is not averse to locking up its own citizens for its own purposes. What the NDAA does is open the door for the government to detain as a threat to national security anyone viewed as a troublemaker. According to government guidelines for identifying domestic extremists—a word used interchangeably with terrorists, that technically applies to anyone exercising their First Amendment rights in order to criticize the government.”

https://www.rutherford.org/publications_resources/on_the_fro...



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Alice in Wonderland (lack of) decision

So the government lawyers in black robes will not rule on an unconstitutional agency that are committing unconstitutional acts, that they swore an oath to uphold.

Analysis by John Taylor of Caroline covers this:

....John Marshall’s decision in McCulloch v. Maryland (1819) with its mighty assertions of federal power. “The unknown powers of sovereignty and supremacy may be relished,” Taylor writes, “because they tickle the mind with hopes and fears.” Further, “the term ‘sovereignty,’ was sacrilegiously stolen from the attributes of God, and impiously assumed by Kings.” Later, “aristocracies and republicks. . . claimed the spoil.”

Sovereignty being “neither fiduciary nor capable of limitation,” Taylor wished to neutralize the concept. Americans had tried “to eradicate it by establishing governments invested with specified and limited powers,” so that “ungranted rights remain also with the grantors . . . the people.” (Alas, the principle that rights or powers “not granted” are not granted failed to impress either Marshall or Harvard Law School.)

Marshall’s decision turned allegedly “necessary and proper” means into actual unenumerated powers. Taylor recalled the 1760s, when Parliament asserted “it would be absurd to allow powers, and with-hold any means necessary or proper.” The colonies found it “more absurd to limit powers, and yet concede unlimited means for their execution.” The principle made the Constitution’s list of powers superfluous. Following Marshall, “[E]nds may be made to beget means” and “means . . . made to beget ends, until the co-habitation shall rear a progeny of unconstitutional bastards, which were not begotten by the people.” Roads being “necessary in war,” Congress could “legislate locally concerning roads.” Congressional power over horses—and everything else—would soon follow.

Taylor believed that Americans had never knowingly adopted that European conception of absolute, unitary sovereignty, which licensed Marshall’s centralizing deductions. Americans supposed their governments to be their agents, not their rulers. Lately, however, American legislatures—state and federal—were aspiring to be “British parliaments,” and if the trend held, one must conclude that in American government, “no experiment at all has been made.”

http://www.independent.org/newsroom/article.asp?id=2269

ZOG

If this doesn't convince anyone that our government & its legal institutions are all traitors committing treason, what will? Be ready. It's time.

What else can we expect?

These individuals grew as the judicial system became more and more corrupt via dollars, and then they are appointed by those who are under control of the money masters. Did we really think that for long they would remain true to their positions? Add to that if they get out of line and step outside the bounds of the money masters, the NSA is there to blackmail them into submission, and it appears now that they are so corrupted that they do not need warnings or direction, they simply give corporations the leeway and graces that belong to the people. The question is, after the great reset are the masses informed well enough to reject the status quo after the fact, only time will tell.

Always remember:
"It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds." ~ Samuel Adams
If they hate us for our freedom, they must LOVE us now....

Stay IRATE, remain TIRELESS, an

Here is the US 2ND Circuit ruling

http://www.ca2.uscourts.gov/decisions/isysquery/88c9f4c3-4b0...

I don't understand it or standing, but I suspect Joseph Heller and some of you could explain it.

I'll take my Liberty, it's not yours to give.

Doesn't surprise me....

The courts are just as corrupt as the congress. I pray that one day I can witness their crimes at the end of a rope...Let it be so....

"Necessity is the plea for every infringement of human freedom. It is argument of tyrants. It is the creed of slaves." William Pitt in the House of Commons November 18, 1783
"I know major allies who fund them" Gen. Dempsey referring to ISIS

Precipice.


When the Founding Fathers wrote the Fourth Amendment,
they didn’t intend for secret courts to approve secret searches,
based on secret testimony by secret witnesses,
with secret judgments resulting in secret sentences,
to secret prisons.

We are at the precipice.
May God help us all.

Defend Liberty.


America Rising.
The Constitution Stands.

"That the pen is mightier than the sword would be proven false; if I should take my sword and cut off the hand that holds the pen" - American Nomad

WOW!! What A Surprise!

....and I was under the illusion that government was my friend...

"If men don't guy God they will be ruled by tyrants" ~ William Penn, Founder of Pennsylvania

And this news is buried...

...under racism and Israel threads...

This is the most important news I've seen today.

PEOPLE OPPOSING TYRANNY - Real Grass Roots!
Are you a POT or a PET - Person Embracing Tyranny?

Metallica's first album....

an unfortunate SCOTUS solution.

TwelveOhOne's picture

The People refuse to hear Supreme Court challenges,

and bury them.

I love you. I'm sorry. Please forgive me. Thank you.
http://fija.org - Fully Informed Jury Association
http://jsjinc.net - Jin Shin Jyutsu (energy healing)

Another nail in the coffin of what we were meant to become.

Hope I have enough time to eventually get out of the coffin before it's too late.

The scotus proved a few years

The scotus proved a few years ago that they no longer serve the constitution but the corporate and Globalist's interests.

TwelveOhOne's picture

Well, if locking up terrorists is the new order of the day,

let's lock up those Supremes! And Congress, and the Executive branch, and then start working on the states' violations.

I love you. I'm sorry. Please forgive me. Thank you.
http://fija.org - Fully Informed Jury Association
http://jsjinc.net - Jin Shin Jyutsu (energy healing)

TJ Quote & National World War II Memorial - 10th Anniversary

"The beauty of the Second Amendment is that it will not be needed until they try to take it." - Thomas Jefferson

http://www.monticello.org/site/jefferson/beauty-second-amend...

https://en.wikipedia.org/wiki/National_World_War_II_Memorial


http://youtu.be/XrnB1OMhETI

"I, __________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic."

https://en.wikipedia.org/wiki/Oath_of_enlistment

There is no duration defined in the Oath

SteveMT's picture

No doubt remains: SCOTUS is owned & is on strings.

Who knows what dirt the NSA has on these people? SCOTUS has become the de facto arm of Orwell's "Ministry of Love."

I thought of a great administrative solution to all of this

IF a willing candidate actually ever got elected to President an easy solution to end this indefinite definition and presidential ordered assassination once and for all.

The willing president appoint a trusted ally as US attorney and then the president could then simply issue an order for indefinite detention and assassination of all the Supreme Court Justices and then the US attorney/Solicitor General could then immediately go to the US supreme court to challenge the order as unconstitutional and specifically construct all facts in terms of inherent rights of men and women within Common law superseding any political whims.

The Supreme 'Court' justices would then be faced with rule the order unconstitutional or consent to their own unconstitutional assassination.

Checkmate;)

The most powerful Law of Nature is Time. It is finite and we all will run out of it. Use this Law to your advantage, for it offers you infinite possibilities...

Interesting but convoluted plot

How about the benevolent president announces that he's suspended the program, and then put 400 members of Congress and 5 of the 9 justices of the Supreme Court on a kill list. The minute the program is restarted, those people are killed by the assassination squad, because their names are on a list... I'm sorry nothing can be done about that, there isn't any procedure for taking names off the list.

Take back the GOP and Restore America Now.

more reason for congress

to pull their heads out of their asses just remove it from policy.

The most powerful Law of Nature is Time. It is finite and we all will run out of it. Use this Law to your advantage, for it offers you infinite possibilities...

They would take the case, though it would be a conflict of

interest.

And they would rule it unconstitutional, but only by carving out a very narrow exception. They would NEVER decide the case on the grounds you suggest because to do so would set a precident for overturning about 90% or more of all current assumed authority.

Thus, they could avoid their own assasination, while simultaneously making the President look like a fool, AND preserving the power for his successor.

Your plot might in fact entrench the power.

I'd rather they just refused a case and made no statement on the matter.

"only by carving out a very narrow exception"

That's part of the point. If they did this they would clearly demonstrate that they are not competent in upholding equal justice under the law. If they are not competent then they have no business making such decisions.

Such a president could then go public with encouraging people to exercise their natural right to abolish the current government due to the blatant failures of such corrupted men fraudulently claiming to be upholding the law. It could literally be the final nail in their coffin of corruption.

It seems like you want things to just kinda flail around in the corruption regardless of any dysfunctional and unlawful state.

If they can't uphold the equal protections of law then removal is absolutely mandatory even if that means abolishing the government. It is literally that important. Such a ruling would just be the final confirmation needed to move forward with completely removing their colorable claims to power.

The most powerful Law of Nature is Time. It is finite and we all will run out of it. Use this Law to your advantage, for it offers you infinite possibilities...

I don't want things to just kinda flail around in corruption.

But your plot will fail, I guarantee it.

On top of the problem I already mentioned, your "willing president" will most likely be impeached over the issue. Then everything will continue on as it is now.

There is NO solution short of one of two things happening:

A - our overbloated and overreaching, nigh tyrannical government, voluntarily gives up its assumed powers and returns to abiding the Constitution and rule of law.

B - armed revolution, which may or may not result in a new form of government that better preserves our liberty, safety, and happiness.

B will eventually happen becuase A never has and never will.

Voted up, now bumped.

Rutherford institute has been fighting for freedom a long time!

"Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the office of a thoroughly nasty business concern." ~~C.S. Lewis
Love won! Deliverance from Tyranny is on the way! Col. 2:13-15

Michael Nystrom's picture

Bump - thanks for the post

The Rutherford Institute is priceless.

I really need to check out his book - I've been meaning to for a long time.
http://www.amazon.com/Government-Wolves-Emerging-American-Po...

He's the man.