C-shank
Bills Of Atttainer made lawfull by the Patriot Act
Mon Aug 4 18:50:02 2003
216.209.150.12

The constitution of the United States expressely forbids congress from passing what is known as a "bill of attainer." A bill of attainer "is a law that legislatively determines guilt and inflicts punishment upon named individuals... or readily identifiable groups.... without provision of protection of a judicial trial" (United States v. Archambault, 2001 DSD 36)

Clearly the Patriot Act provisions passed by Congress allowing the President to declare a "member of a terrorist organiztion"(readily identifiable group) an "enemy combatant,"(determines guilt) to be held indeffinately in prison,(inflicts punishment) without rights of speedy trial, legal council etc.(without provision of protection of judicial trial) is, in fact, an unconstitutional bill of attainer.

So how can the courts rule that the president has the right to declare whoever he pleases an "enemy combatant," even though the constitution forbids the practice. There are two possibilities. One, the courts have just ignored the constitution completely in their rulings. This is not only possible but probable. The courts ignore the constitution on an almsot daily basis. You could probably find about 50 instances listed on the APFN website alone. No real suprise really.

The second possibility is a little more sinister. In the event martial law, or a state of war is declared the government has the right to suspend the constitution if they deem it necessary. In this case the "enemy combatant" law would be perfectly legal, since the constitution and all of it's provisions are no longer in effect. Essentially, the US would thus be governed by military law handed down by the nation's top soldier, "the commander in chief," better known as the President of the United States. Check the APFN articles section and you can find volumes on this subject as well.

Either way there is no longer a functioning constitution for the United States. Power no longer resides in the people, flowing upward to their leaders. The power now flows from the top down, similar to Hitler's "leadership principle."

It is time to discard any illusions you may have left that you live in a free country governed by a constitution and the rule of law. You live in a fascist/communist police state and the only law, is that which is handed down to you from the office of the president and/or the corrupt courts.


The US v. Archambault ruling is here: http://www.sdbar.org/opinions/DSD/2001/2001dsd036.htm

The relevant pasage from the ruling is copied below.

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[¶35] A bill of attainer is a law that legislatively determines guilt and inflicts punishment upon named individuals, see e.g., United States v. Lovett, 328 US 303 (1946), or readily identifiable groups, see e.g., Ex parte Garland, 4 Wall (71 US) 333 (1867), "without provision of the protections of a judicial trial." Selective Service System v. Minn. Public Interest Research Group, 468 US 841, 846-47 (1984); Nixon v. Administrator of General Services, 433 US 425, 468 (1977); see also Planned Parenthood of Mid-Missouri v. Dempsey, 167 F3d 458, 465 (8th Cir. 1999).In passing a bill of attainer, Congress departs from its constitutional role of providing general rules for the government of society and usurps the judicial role by determinating guilt legislatively. Fletcher v. Peck, 6 Cranch (10 US) 87 (1810). The danger of such a law is, of course, that it deprives the accused of the protections afforded by judicial process.

• BILL OF ATTAINER... — SWIFT 2-2, Mon Aug 4 19:45
• Correction noted — C-shank, Mon Aug 4 21:09