Monday, January 16, 2012

The Enemy Expatriation Act


    I am not, nor have I ever been, a political person. I would prefer that you make your own political choices, and leave me to mine. I am sure we have common ground, and I am sure that there are fine points on which we differ, and that is fine with me. Our differences of opinion are what fuels new ideas and new directions, and for the longest time, this was one of the beauties of America.  In America, we could disagree, and still be American. We would exercise our difference of opinion when we voted, and to some degree in how we chose to spend or invest our money.
                      The article below is very disturbing. The nation in which I have grown and adapted in, now is run by those who think that the U.S. Constitution is an outdated, archaic, historical document.  They have whittled away at it in the past several years in ways in which we cannot even fully anticipate.  There are repeated attempts to quell the thoughts and ideas of those who differ presently from our government, which admittedly is the most unpopular in my memory. Heaven forbid we think differently than those in power ! Heaven forbid we think at all !
  Again, as the boom continues to fall, this is why Americans are looking for places to live outside the United States, and why many of them, don't think they will come back.

New Bill Known As Enemy Expatriation Act Would Allow Government To Strip Citizenship Without Conviction

January 6, 2012
 First, Congress considered the National Defense Authorization Act, sections of which gave the President the authority to use the military to arrest and indefinitely detain Americans without trial or charge. The language was revised because of strong condemnation from the American people. But now a new bill has emerged that poses yet another threat to the American citizenry. Congress is considering HR 3166 and S. 1698 also known as the Enemy Expatriation Act, sponsored by Joe Lieberman (I-CT) and Charles Dent (R-PA). This bill would give the US government the power to strip Americans of their citizenship without being convicted of being “hostile” against the United States. In other words, you can be stripped of your nationality for “engaging in, or purposefully and materially supporting, hostilities against the United States.” Legally, the term “hostilities” means any conflict subject to the laws of war but considering the fact that the War on Terror is a little ambiguous and encompassing, any action could be labeled as supporting terrorism. Since the Occupy movement began, conservatives have been trying to paint the protesters as terrorists.

The new law would change a part of US Code 1481 which can be read in full here. Compare 3166 to 1481 and the change is small. The new section makes no reference to being convicted as it does in section (7). So even though the language of the NDAA has been revised to exclude American citizens, the US government merely has to strip Americans of their citizenship and the NDAA will apply. And they will be able to do so without convicting the accused in a court of law.
I hope I’m wrong, but it sounds to me like this is a loophole for indefinitely detaining Americans. Once again, you just have to be accused of supporting hostilities which could be defined any way the government sees fit. Then the government can strip your citizenship and apply the indefinite detention section of the NDAA without the benefit of a trial. This certainly must be questioned by American citizens. The way these defense obsessed Republicans think, our rights are always in danger of being taken away.
   (End of article written by Steven D. Foster, Jr.)
Originally found:

 ( I have included the actual law below, courtesy of Cornell University Law School, Legal Information Institute)

§ 1481. Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions

(a) A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality—
(1) obtaining naturalization in a foreign state upon his own application or upon an application filed by a duly authorized agent, after having attained the age of eighteen years; or
(2) taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof, after having attained the age of eighteen years; or
(3) entering, or serving in, the armed forces of a foreign state if
(A) such armed forces are engaged in hostilities against the United States, or
(B) such persons serve as a commissioned or non-commissioned officer; or
(A) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof, after attaining the age of eighteen years if he has or acquires the nationality of such foreign state; or
(B) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof, after attaining the age of eighteen years for which office, post, or employment an oath, affirmation, or declaration of allegiance is required; or
(5) making a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State; or
(6) making in the United States a formal written renunciation of nationality in such form as may be prescribed by, and before such officer as may be designated by, the Attorney General, whenever the United States shall be in a state of war and the Attorney General shall approve such renunciation as not contrary to the interests of national defense; or
(7) committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, violating or conspiring to violate any of the provisions of section 2383 of title 18, or willfully performing any act in violation of section 2385 of title 18, or violating section 2384 of title 18 by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, if and when he is convicted thereof by a court martial or by a court of competent jurisdiction.
(b) Whenever the loss of United States nationality is put in issue in any action or proceeding commenced on or after September 26, 1961 under, or by virtue of, the provisions of this chapter or any other Act, the burden shall be upon the person or party claiming that such loss occurred, to establish such claim by a preponderance of the evidence. Any person who commits or performs, or who has committed or performed, any act of expatriation under the provisions of this chapter or any other Act shall be presumed to have done so voluntarily, but such presumption may be rebutted upon a showing, by a preponderance of the evidence, that the act or acts committed or performed were not done voluntarily.

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