Long title | An Act to amend title 18, United States Code, to prohibit the establishment of detention camps, and for other purposes. |
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Nicknames | Non-Detention Act of 1971 |
Enacted by | the 92nd United States Congress |
Effective | September 25, 1971 |
Citations | |
Public law | 92-128 |
Statutes at Large | 85 Stat. 347 |
Codification | |
Titles amended | 18 U.S.C.: Crimes and Criminal Procedure |
U.S.C. sections amended | 18 U.S.C. ch. 301 § 4001 |
Legislative history | |
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The Non-Detention Act of 1971 is a United States statute enacted to repeal portions of the McCarran Internal Security Act of 1950, [1] specifically Title II, the "Emergency Detention Act". The law repealed the Emergency Detention Act of 1950 provisioning the United States Attorney General with powers for detention of anyone in the US deemed to be a threat to the national security of the United States. The 64 Stat. 1019 statute was codified within Title 50 War and National Defense as 50 U.S.C. ch. 23,subch. II §§ 811-826.
H.R. 234 was passed by the 92nd United States Congressional session and enacted into law by the 37th President of the United States Richard Nixon on September 25, 1971. [2]
The McCarran Internal Security Act of 1950 allowed for the detention of suspected subversives without the Constitutional steps required for imprisonment. The Non-Detention Act requires specific Congressional authorization for such detention. Passed as Public Law 92-128, 85 Stat. 347 (1971), it was codified at 18 U.S.C. § 4001(a).
§ 4001. Limitation on detention
- (a) No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress.
The statute was used to challenge military detention of U.S. citizens accused of terrorist activity. A Congressional Research Service report on the history of the Non-Detention Act concluded,
Legislative debate, committee reports, and the political context of 1971 indicate that when Congress enacted Section 4001(a) it intended the statutory language to restrict all detentions by the executive branch, not merely those by the Attorney General. Lawmakers, both supporters and opponents of Section 4001(a), recognized that it would restrict the President and military authorities.
The Supreme Court of the United States originally took the case of Rumsfeld v. Padilla to decide whether Congress's Authorization for Use of Military Force authorized the President to detain a U.S. citizen, but did not give an answer, instead ruling that the case had been improperly filed.
The United States Code is the official codification of the general and permanent federal statutes of the United States. It contains 53 titles, which are organized into numbered sections.
The Internal Security Act of 1950, 64 Stat. 987, also known as the Subversive Activities Control Act of 1950, the McCarran Act after its principal sponsor Sen. Pat McCarran (D-Nevada), or the Concentration Camp Law, is a United States federal law. Congress enacted it over President Harry Truman's veto. It required Communist organizations to register with the federal government. The 1965 U.S Supreme Court ruling in Albertson v. Subversive Activities Control Board saw much of the act's Communist registration requirement abolished. The emergency detention provision was repealed when the Non-Detention Act of 1971 was signed into law by President Richard Nixon. The act's Subversive Activities Control Board, which enforced the law's provision calling for investigations of persons engaging in "subversive activities," would also be abolished in 1972.
The Posse Comitatus Act is a United States federal law signed on June 18, 1878, by President Rutherford B. Hayes that limits the powers of the federal government in the use of federal military personnel to enforce domestic policies within the United States. Congress passed the Act as an amendment to an army appropriation bill following the end of Reconstruction and updated it in 1956, 1981 and 2021.
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Rumsfeld v. Padilla, 542 U.S. 426 (2004), was a United States Supreme Court case, in which José Padilla, an American citizen, sought habeas corpus relief against Secretary of Defense Donald Rumsfeld, as a result of his detention by the military as an "unlawful combatant."
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The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts and the general trial courts of the U.S. government. They are the companion to the Federal Rules of Civil Procedure. The admissibility and use of evidence in criminal proceedings are governed by the separate Federal Rules of Evidence.
NSA warrantless surveillance — also commonly referred to as "warrantless-wiretapping" or "-wiretaps" — was the surveillance of persons within the United States, including U.S. citizens, during the collection of notionally foreign intelligence by the National Security Agency (NSA) as part of the Terrorist Surveillance Program. In late 2001, the NSA was authorized to monitor, without obtaining a FISA warrant, phone calls, Internet activities, text messages and other forms of communication involving any party believed by the NSA to be outside the U.S., even if the other end of the communication lays within the U.S.
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The Maintenance of Internal Security Act (MISA) was a controversial law passed by the Indian parliament in 1971 giving the administration of Prime Minister Indira Gandhi and Indian law enforcement agencies very broad powers – indefinite preventive detention of individuals, search and seizure of property without warrants, and wiretapping – in the quelling of civil and political disorder in India, as well as countering foreign-inspired sabotage, terrorism, subterfuge and threats to national security. The law was amended several times during the subsequently declared national emergency (1975–1977) and used for quelling political dissent. Finally, it was repealed in 1977, when Indira Gandhi lost the 1977 Indian general election and the Janata Party came to power.
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