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.