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To: markomalley
If he tries a Preventive Detention on US soil then it will surely be ruled unconstitutional. He could leave GITMO alone and not even have to label it.
215 posted on 05/21/2009 3:00:39 PM PDT by tobyhill (Obama's a has-been that never was.)
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To: tobyhill
If he tries a Preventive Detention on US soil then it will surely be ruled unconstitutional. He could leave GITMO alone and not even have to label it.

Interesting thing about that type of law: who's going to enforce it?

Go back to 1930s Germany. A separate organization, known as the Geheime Staatspolizei was created. Any thoughts as to why? Germany traditionally had a Federal structure -- most law enforcement was at the State level (a Landespolizei) vice the Federal level. Without direct control, it would be difficult to enforce the "Ordnung des Reichspräsidenten zum Schutz von Volk und Staat" (Order of the Reich President for the Protection of People and State) which gave the preventive custody powers to the Federal government. The existence of the Gestapo (Geheime Staatspolizei) co-opted each state's Kriminalpolizeiamt (criminal investigative office) and allowed the federal government to do as it pleased.

In this country, we already have an extensive police power. By my count, there are over 70 separate law enforcement agencies at the Federal level (not including military police, which are limited by the Posse Comitatus statute). What if those police agencies were coordinated and if they were augmented by, say, a civilian national security force:

"We cannot continue to rely only on our military in order to achieve the national security objectives we've set. We've got to have a civilian national security force that's just as powerful, just as strong, just as well funded."

Barrack Obama, 2 July 2008

Who's going to go against such a power from the liberal democrats? The courts? Well, if they try, Congress (controlled by Nancy Pelosi and Harry Reid) can simply pass an slightly modified version of the Judiciary Reorganization Bill of 1937 and that will quickly take care of the situation.

220 posted on 05/21/2009 3:43:40 PM PDT by markomalley (Extra Ecclesiam nulla salus)
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