The English movers-and-shakers were bad about tossing someone they didn’t like in gaol (jail, the Tower) then losing the key.
The Framers decided that wouldn’t happen here, so they formalized the right to a writ of habeus corpus (`bring forth the body’) and the right to a speedy trial.
The Sedition act under Adams showed what happens when the party in power decides to punish its political enemies; now
McCain seeks to overturn 200 years of American jurisprudence.
The libertarians must be steaming over this, as well they (and we) should, and anyone who has sworn an oath to defend the Constitution.
McCain and others supported that one. It gave carte blance to the President.
'Domestic violence, incident, epidemic,' etc.. :(
'Major public emergencies; interference with State and Federal law ‘‘(a) USE OF ARMED FORCES IN MAJOR PUBLIC EMERGENCIES.— (1) The President may employ the armed forces, including the National Guard in Federal service, to—
‘‘(A) restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States, the President determines that—
‘‘(i) domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order; and
‘‘(ii) such violence results in a condition described in paragraph (2); or
‘‘(B) suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such insurrection, violation, combination, or conspiracy results in a condition described in paragraph (2).
‘‘(2) A condition described in this paragraph is a condition that—
‘‘(A) so hinders the execution of the laws of a State or possession, as applicable, and of the United States within that State or possession, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State or possession are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or'