On the recordDecember 12, 2014
I thank my distinguished colleague, the senior Senator from Michigan, whose presence we will miss and whose leadership we have appreciated over the years. Madam President, I have offered this amendment today, which is an amendment that was crafted several years ago by me and Senator Feinstein. We created this as a document that we originally called the Due Process Guarantee Act. Senator Feinstein and I had one objective with the Due Process Guarantee Act, which was to guarantee the right of the American people that while they exist, while they live from day to day on U.S. soil, they will be free from indefinite detention without trial, without their rights that are protected by our Constitution, without the rights we have come to associate with our habeas corpus guarantees and our other constitutional protections. These are rights that we understand are inseparably connected with liberty and they long predated the existence of our Constitution and our Republic. They were so fundamental, in fact, that not only were they incorporated into our Constitution--this right to be free from a chance of being locked up by government indefinitely in prison, without trial, without counsel and so forth--they were discussed at length at our Constitutional Convention. They were discussed at length by members of our founding generation as they debated and discussed the merits of our Constitution. Notably, in Federalist No.…





