Is Senate Bill 1867 Even Legal?

There is continuing disagreement about whether controversial Senate bill 1867, the National Defense Authorization Act of Fiscal Year 2012, does or does not give authority to the President of the United States to have the military arrest and detain U.S. citizens without charge or trial. (See the contentious comments on my post, “About that Senate Bill Giving President Power to Arrest U.S. Citizens w/out Charge or Trial,” as examples.)
But before we even consider the meaning and definitions of the language of S. 1867, a prior question must be asked:
Is S. 1867 — or any bill for that matter — even legal?
Here’s page 17 of Charles W. Johnson and Michael Koempel, How Our Laws Are Made: The Legislative Process (2009):

~Click page to enlarge~

Now, look at the full text of S. 1867 (click here).
Does S. 1867 anywhere cite “the specific powers granted to Congress in the Constitution to enact the law proposed by the bill” S. 1867?
H/t Arnie Rosner and beloved fellow Tina.

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Is it legal ? In a word , no…but then neither was the Civil War (war of aggression against the sovereign southern states) when our Republic took a powder for expediencies sake. No law that is unconstitutional is legal…but the law of the land is only upheld and enforced selectively and seldom are unconstitutional statutes and ordinances/presidential directives struck-down/vacated.


*** Bailouts — ***Illegal*** transfer of responsibility for bankers’ losses foisted onto the Middle Class. ***Obamacare*** — ***Illegal**** mandate of health choices, health freedom, financial responsibility and individual privacies. ***Wars*** — ***Illegal*** use of American forces in wars of aggression (US is the aggressor) without Congressional approval. ***Patriot Act*** — ***Illegal*** usurption of powers to violate right to privacy of law-abiding American Citizens, including harrassing citizens at airports, “strip searching” them with X-Ray technology that has no long term safety studies, “pat downs” by Homeland Security goons who couldn’t get a job in the private sector if their lives depended… Read more »


Everybody’s concerns are valid here. I’m a member of the US armed forces and this act concerns me greatly. All that is required is the mere accusation of terrorists activities (having more firearms that the average person, a sizable amount of ammo, going to the gun range, being a combat veteran with knowledge of tactical warfighting) and the US military can seize your property and detain you indefinitely without the protection of constitutional rights. It’s not just the bill that is scary, but people’s lack of interest. Apathy within our society is what is going to make it easier to… Read more »