On his new website Restore-Habeus.org, Presidential hopeful Chris Dodd introduced his new bill this week. Wrongfully titled “Restoring the Constitution Act of 2007″, the actual result of this bill would be to undermine our Governments national security. This new piece of legislation would in essence, completely nullify the Military Commission Act of 2006. Here is what it says:

(1) UNLAWFUL ENEMY COMBATANT - The term ‘unlawful enemy combatant’ means an individual who is not a lawful enemy combatant and -
(A) who directly participates in hostilities in a zone of active combat against the United States; or
(B) who -
(i) planned, authorized, committed, or intentionally aided the terrorist acts on the United States of September 11, 2001;
or
(ii) intentionally harbored any individual described in clause (i)
The term is used solely to designate individuals triable by military commission under this chapter.

If this legislation were to pass, and there were another attack on American soil, the perpetrators of that attack would not fall under the military commission act based on the definition above. Senator Dodd feels only those who combat the United States in active combat zones should be brought before a military tribunal. He further feels the need to clarify that the only terrorists who would fall under the Military Commission Act of 2006 would be those responsible for September 11. I guess this means any terrorists who choose to attack us in the future would get a pass.

Dodd’s bill then goes on to discuss the Geneva Conventions:

To the extent that any provision of this chapter is determined to be inconsistent with the obligations of the United States under the Geneva Conventions, the Geneva Conventions shall prevail, and such provision shall be deemed to have no further force or effect.

I wonder, under this clause, who would make the distinction of wether or not an individual can invoke Geneva Convention rights. The Military Commission Act of 2006 said:

(g) Geneva Conventions Not Establishing Source of Rights- No alien unlawful enemy combatant subject to trial by military commission under this chapter may invoke the Geneva Conventions as a source of rights.

The reason this clause was listed in the Military Commission Act is because the terrorists do not qualify for the rights the Geneva Conventions guaranteed. The Geneva Conventions applied to the treatment of Prisoner’s of War, and then went on to describe how one qualifies as a prisoner of war:

Art. 4. A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:
(1) Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part of such armed forces.

(2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfill the following conditions:[ (a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive sign recognizable at a distance; (c) that of carrying arms openly; (d) that of conducting their operations in accordance with the laws and customs of war.

(3) Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.

(4) Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization, from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.

(5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law.

(6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

The term “provided they carry arms openly and respect the laws and customs of war”, is mentioned twice! Suicide bombers do not carry their arms openly nor do they respect the laws and customs of war when they kill innocent people along with themselves.

The ACLU is obviously very happy about the possibility of our country becoming safer for terrorists:

“The bill introduced today would restore core American values gutted by the Military Commissions Act,” said Caroline Fredrickson, Director of the ACLU Washington Legislative Office. “The only thing scarier than a government that would take away our basic freedoms is a Congress and a people that let it happen. We urge lawmakers to stand for the Constitution by restoring due process.”

One day the ACLU, and the likes of Senator Dodd will wake up and realize that our Constitution was meant to give rights to Americans. The Geneva Conventions were intended to safeguard prisoners of war. Al Qaida, the Taliban, Hamas, and other such organizations do not believe in our Constitution, and they do not follow the guidelines laid out by the Geneva Conventions; therefore their rights should not be derived from either of these two documents.