Cracking Freedom's Foundation

I rise in opposition to Section 1021 of the underlying Conference Report (H.R. 1540, the National Defense Authorization Act).  

This section specifically affirms that the President has the authority to deny due process to any American it charges with “substantially supporting al Qaeda, the Taliban or any ‘associated forces’” – whatever that means.

 Would “substantial support” of an “associated force,” mean linking a web-site to a web-site that links to a web-site affiliated with al-Qaeda?  We don’t know.  The question is, “do we really want to find out?”

 We’re told not to worry – that the bill explicitly states that nothing in it shall alter existing law. 

 But wait.  There is no existing law that gives the President the power to ignore the Bill of Rights and detain Americans without due process.  There is only an assertion by the last two presidents that this power is inherent in an open-ended and ill-defined war on terrorism.  But it is a power not granted by any act of Congress.  At least, not until now.

 What this bill says is, “What Presidents have only asserted, Congress now affirms in statute.”  

 We’re told that this merely pushes the question to the Supreme Court to decide if indefinite detainment is compatible with any remaining vestige of the Bill of Rights.

 That’s a good point, IF the Court were the sole guardian of the Constitution.  But it is not.  If it were, there would be no reason to require every member of Congress to swear to preserve, protect, and defend that Constitution. 

We are also its guardians.

 And today, we who have sworn fealty to that Constitution sit to consider a bill that affirms a power contained in no law and that has the full potential to crack the very foundation of American liberty. 
 

# # #

 House Floor Remarks by Congressman Tom McClintock

 House Chamber, Washington, D.C.
December 14, 2011
 

 

Tele-townhall banner 

Latest News

California Energy

Oversight Hearing: Energy Independence - Domestic Opportunities to Reverse California's Growing Dependence on Foreign Oil

2015 Budget

In August of 2010, the Chairman of the Joint Chiefs warned that the greatest threat to our national security was our national debt. That was $4 trillion of debt ago. In fact, since Inauguration day, 2009, we have accumulated more total government debt than we had run up from the first day of the Washington Administration through the third year of the George W. Bush administration.

Baseline Budgeting H.R. 1871

Our Constitution assigns the principle responsibility over the public purse to the House of Representatives. Under that Constitutional doctrine, a dollar can't be spent by this government unless the House says it gets spent. Yet today, spending increasingly seems to be out of our hands - driven automatically by a variety of provisions and practices that thwart the very design of the Constitution.

View more »

Search

Connect with Tom

  • Twitter
  • Facebook
  • YouTube
  • News Feed

Upcoming Events

 
Oakhurst Town Hall Meeting

Congressman McClintock will hold a town hall meeting in Oakhurst on Wednesday, April 23rd at 6:00 pm. The meeting will be held at Oakhurst Elementary School, 49495 High School Road, in Oakhurst. Hope to see you there!

Veterans Forum

An advocacy forum for Veterans will be held on April 17th in Truckee.  The forum, assembled by Congressman McClintock's office, will provide Veterans with the information they need to access the benefits they have earned.
 
Representatives from Nevada County and Placer County Veterans' service offices will join the Congressman’s staff to provide information on filing claims with the Veterans Benefits Administration.  Service providers and community program sponsors that help active duty military, wounded warriors and military families will also be present.
 
The forum will be held April 17th from 11:00 am to 1:00 pm at Truckee Airport in the Experimental Aircraft Association Building, 10356 Truckee Airport Road in Truckee.  
 
Satellite Office Hours

Office staff members are available to assist constituents with problems or concerns at satellite office locations held throughout the district.  Anyone wishing to discuss an issue of federal concern is invited to attend one of these satellite office sessions and speak with a member of staff.  For more information, or to reach staff, please call the district office at 916-786-5560.
  
Upcoming Satellite Office Hours Scheduled for April 2014:
 

Amador County

Jackson
Tuesday, April 29, 2014
2:00 pm - 4:00 pm
Conference Room D
County Administration Center
810 Court Street
 
Calaveras County

San Andreas
Tuesday, April 29, 2014
11:00 am - 1:00 pm
Calaveras County Water Agency Conference Room
120 Toma Court
 
El Dorado County

Placerville
Tuesday, April 15, 2014
10:00 am - 12:00 pm
El Dorado County Government Center
330 Fair Lane
 
El Dorado Hills
Tuesday, April 15, 2014
2:00 pm - 4:00 pm
El Dorado Hills Chamber of Commerce
2085 Vine Street, #105
 
South Lake Tahoe 
Monday, April 21, 2014
11:00 am - 1:00 pm
South Tahoe Public Utility District
1275 Meadow Crest Drive
 
Fresno County

Auberry 
Thursday, April 17, 2014
3:00 pm - 4:00 pm
Auberry Library
33049 Auberry Road
 
Madera County

Oakhurst 
Wednesday, April 16, 2014
2:30 pm - 4:00 pm
Yosemite Visitors Bureau Conference Room 40637 Highway 41
 
Coarsegold 
Wednesday, April 30, 2014
4:00 pm - 5:00 pm
Yosemite Lakes Park/Clubhouse Library
30250 Yosemite Springs Way
 
Mariposa County

Mariposa
Wednesday, April 9, 2014
11:00 am - 12:00 pm
Library Conference Room
4978 10th Street
 
Placer County

Auburn
Tuesday, April 8, 2014 
9:00 am - 11:00 am
Placer County Government Center 
CEO 3 Meeting Room
175 Fulweiler Avenue
 
Lincoln 
Tuesday, April 8, 2014
3:00 pm - 5:00 pm
Lincoln City Hall
600 6th Street
 
Loomis 
Tuesday, April 1, 2014
9:00 am - 11:00 am 
Loomis City Hall
3365 Taylor Road
 
Rocklin 
Tuesday, April 22, 2014
3:00 pm - 5:00 pm
Rocklin City Hall
3980 Rocklin Rd
 
Tuolumne County

Sonora 
Tuesday, April 8, 2014
2:00 pm - 4:00 pm
Small Business Center Conference Room
99 N Washington St, Sonora
 
For further information on satellite office hours, please call 916-786-5560.