The NDAA, the President and the Right to Detain Citizens Indefinitely

The National Defense Authorization Act (NDAA) is a law passed annually by Congress that sets the budget for and authorizes the expenditures of the Department of Defense. As such, it is generally a straightforward piece of legislation that generates little controversy. The NDAA for fiscal year 2012, however, differs from the norm in that it includes language affirming the right of the president to indefinitely detain suspected terrorists.

In its original form, the NDAA included several provisions, such as the imposition of economic sanctions on Iran, that are extraneous to its main purpose of funding the armed forces of the United States. Another provision that was a major source of contention between the president and Congress was a provision demanding military detention of terrorism suspects arrested in the United States. President Obama threatened to veto the act if this provision was included in the bill. Once the provision was removed, he withdrew his veto threat. President Obama continues to suffer criticism for a lack of strong objection to the continued presence of language in the act regarding the power to indefinitely detain terrorist suspects. He has often espoused a strong commitment to the rule of law, and this is seen by some as an example of weakened support for his ideals in the face of political expediency.

The NDAA and other government legislation that many see as a threat to the constitutional rights of American citizens are a continual source of controversy. On the other side of the coin, the power to detain citizens and other individuals is an emergency power exercised by many an administration since the Civil War. One can only hope that a just and fair balance between these two valid and necessary viewpoints is maintained.