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As has been reported here since the bill was first proposed, of all the evils perpetrated by the National Defense Authorization Act, one of the most sinister is the denial of the due process of law to all those detained under its provisions.

 Section 1021 is unqualifiedly the most pernicious piece of legislation in many years, moving the Constitution and our Republic closer to despotism than any other paragraph imaginably could.

With a growing number of Americans becoming alarmed at the recent passage of the National Defense Authorization Act because of its provisions allowing American citizens to be indefinitely detained and denied due process, some states and even counties are taking action. The state of Rhode Island, as well as Colorado's El Paso County, have drafted resolutions to nullify the NDAA, a step that other states and counties are soon expected to follow. Likewise, the state of Montana has launched an effort to recall their Senators — Democrats Max Baucus and Jonathon Tester — as well as Republican Congressman Denny Rehberg, all of whom voted for the NDAA.

New York Police Commissioner Joe Kelly (left) is considering the latest in technology — Terahertz Imaging Detection (TID) — to be mounted on police cars and allowing them to roam the streets of New York looking for people carrying guns. The NYPD, sometimes referred to as the world’s “seventh largest army” with 35,000 uniformed officers, already does a brisk business frisking potential suspects, with little pushback. In the first quarter of last year, 161,000 New Yorkers were stopped and interrogated, with more than nine out of 10 of them found to be innocent. And there are cameras already in place everywhere: in Manhattan alone there are more than 2,000 surveillance cameras watching for alleged miscreants.

Last Friday, two pro-business organizations filed motions in the U.S. District Court for the District of Columbia, challenging the constitutionality of President Barack Obama’s recess appointments. The two advocacy groups, the National Right to Work Foundation (NRWF) and the National Federation of Independent Business (NFIB), argue in their pleading that as the Senate was in session, the Constitution does not empower the President to make appointments without their advice and consent.

Supreme CourtCalling it the “most significant religious liberty decision in two decades,” the New York Times announced the Supreme Court’s decision to uphold the “ministerial exception” whereby churches and other religious organizations are exempt from governmental interference in their hiring and firing practices. In a unanimous 9-0 decision on January 11, the Court said that churches have an overriding “interest ... in choosing who will preach their beliefs, teach their faith and carry out their mission.”

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