Ron Paul Introduces New Freedom Agenda - H. R. 3835

Submitted by Jonathan on Fri, 10/19/2007 - 4:54pm.

Introduced Oct. 15th 2007

110TH CONGRESS
1ST SESSION H. R. 3835

To restore the Constitution’s checks and balances and protections against government abuses as envisioned by the Founding Fathers.

Mr. PAUL introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, Foreign Affairs, and Select Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

(2) The Founding Fathers enshrined checks and balances in the Constitution to protect against government abuses to derail ill-conceived domestic or foreign endeavors.

(4) Checks and balances have withered since 9/11 and an alarming concentration of power has been accumulated in the presidency based on hyper-inflated fears of international terrorism and a desire permanently to alter the equilibrium of power between the three branches of government.

(7) Congressional oversight of the executive branch is necessary to prevent secret government, which undermines self-government and invites lawlessness and maladministration.

SEC. 3. MILITARY COMMISSIONS; ENEMY COMBATANTS; HABEAS CORPUS.

(a) The Military Commissions Act of 2006 is hereby repealed.

(b) The President is authorized to establish military commissions for the trial of war crimes only in places of active hostilities against the United States where an immediate trial is necessary to preserve fresh evidence or to prevent local anarchy.

(c) The President is prohibited from detaining any individual indefinitely as an unlawful enemy combatant absent proof by substantial evidence that the individual has directly engaged in active hostilities against the United States, provided that no United States citizen shall be detained as an unlawful enemy combatant.

(d) Any individual detained as an enemy combatant by the United States shall be entitled to petition for a writ of habeas corpus under section 2241 of title 28, United States Code.

SEC. 4. TORTURE OR COERCED CONFESSIONS.

No civilian or military tribunal of the United States shall admit as evidence statements extracted from the defendant by torture or coercion.

SEC. 5. INTELLIGENCE GATHERING.

No Federal agency shall gather foreign intelligence in contravention of the Foreign Intelligence Surveillance Act (50 U.S.C. 1801 et seq.). The President's constitutional power to gather foreign intelligence is subordinated to this provision.

SEC. 6. PRESIDENTIAL SIGNING STATEMENTS.

The House of Representatives and Senate collectively shall enjoy standing to file a declaratory judgment action in an appropriate Federal district court to challenge the constitutionality of a presidential signing statement that declares the President's intent to disregard provisions of a bill he has signed into law because he believes they are unconstitutional.

SEC. 7. KIDNAPPING, DETENTIONS, AND TORTURE ABROAD.

No officer or agent of the United States shall kidnap, imprison, or torture any person abroad based solely on the President's belief that the subject of the kidnapping, imprisonment, or torture is a criminal or enemy combatant; provided that kidnapping shall be permitted if undertaken with the intent of bringing the kidnapped person for prosecution or interrogation to gather intelligence before a tribunal that meets international standards of fairness and due process. A knowing violation of this section shall be punished as a felony punishable by a fine or imprisonment of up to 2 years.

SEC. 8. JOURNALIST EXCEPTION TO ESPIONAGE ACT.

Nothing in the Espionage Act of 1917 shall prohibit a journalist from publishing information received from the executive branch or Congress unless the publication would cause direct, immediate, and irreparable harm to the national security of the United States.

SEC. 9. USE OF SECRET EVIDENCE TO MAKE FOREIGN TERRORIST DESIGNATIONS.

Notwithstanding any other law, secret evidence shall not be used by the President or any other member of the executive branch to designate an individual or organization with a United States presence as a foreign terrorist or foreign terrorist organization for purposes of the criminal law or otherwise imposing criminal or civil sanctions.

Hero Ron Paul stands once again to right wrongs and cure injustice. What else is new you might ask?  H.R. 3835 is the short answer, now for the long. 

The administration has made it clear that through radical interpretation of legislation, signing statements and executive orders that in “times of war” the president is tasked with our protection by any means necessary. Sadly we now know that the means often employed to secure said protection are, shall we say “extra-legal,” at best. Sadder still is the Democratic majority in congress all too happy passing legislation designed to protect these newly claimed powers, and shelter parties guilty of facilitating their exercise.

Well Ron Paul for one has had enough of those who would pay lip service to liberty. Now with one fail swoop he seeks to strike them down. The American Freedom Agenda Act will immediately upon passage curb presidential power, provide citizens new protections under the law and congresspersons the ability to challenge presidential signing statements in federal district court. Furthermore, passage of this bill would invalidate all evidence gained through torture and other coercive techniques restore habeas corpus and undo the usurpation of congressional authority and personal freedom.

This bill is best seen in context of the long line of revolutionary legislation sponsored by Rep. Paul this session. For quick reference, others include H.J.Res. 23 proposing an amendment to the constitution banning personal income, estate and gift taxes, H.R. 424 to repeal the Selective Services Act (the draft mechanism), H.R. 1146 to end United States participation in United Nations.

At present, H.R. 3835 has been referred to committee, including the House Judiciary (John Conyers) and Armed Services Committees (Ike Skelton), the House Foreign Affairs Committee (Tom Lantos) and the House Permanent Select Committee on Intelligence (Silvestre Reyes). Please contact these committee chairmen immediately in addition to your district representative and Speaker of the House Nanci Pelosi.

 

View the text of the bill here and find contact information for committee chairs and your congress person at the house website.

* Creditted to Constituent of www.ronpaulradio.com (chat) for submission of this article.

Submitted by Jonathan on Fri, 10/19/2007 - 4:54pm.