The American Freedom Agenda’s (AFA) mission is twofold: the enactment of a cluster of statutes that would restore the Constitution’s checks and balances as enshrined by the Founding Fathers; and, making the subject a staple of political campaigns and of foremost concern to Members of Congress and to voters and educators. Especially since 9/11, the executive branch has chronically usurped legislative or judicial power, and has repeatedly claimed that the President is the law. The constitutional grievances against the White House are chilling, reminiscent of the kingly abuses that provoked the Declaration of Independence.To advance this agenda during the 2008 campaign, the AFA has proposed a 10-point "Freedom Pledge" it hopes the candidates will agree to:
The 10-point American Freedom Agenda would work to restore the roles of Congress and the federal judiciary to prevent such abuses of power and protect against injustices that are the signature of civilized nations. In particular, the American Freedom Agenda would:* Prohibit military commissions whose verdicts are suspect except in places of active hostilities where a battlefield tribunal is necessary to obtain fresh testimony or to prevent anarchy;The mission of the AFA is explained further here
* Prohibit the use of secret evidence or evidence obtained by torture or coercion in military or civilian tribunals;
* Prohibit the detention of American citizens as unlawful enemy combatants without proof of criminal activity on the President’s say-so;
* Restore habeas corpus for alleged alien enemy combatants, i.e., non-citizens who have allegedly participated in active hostilities against the United States, to protect the innocent;
* Prohibit the National Security Agency from intercepting phone conversations or emails or breaking and entering homes on the President’s say-so in violation of federal law;
* Empower the House of Representatives and the Senate collectively to challenge in the Supreme Court the constitutionality of signing statements that declare the intent of the President to disregard duly enacted provisions of bills he has signed into law because he maintains they are unconstitutional;
* Prohibit the executive from invoking the state secrets privilege to deny justice to victims of constitutional violations perpetrated by government officers or agents; and, establish legislative-executive committees in the House and Senate to adjudicate the withholding of information from Congress based on executive privilege that obstructs oversight and government in the sunshine;
* Prohibit the President from kidnapping, detaining, and torturing persons abroad in collaboration with foreign governments;
* Amend the Espionage Act to permit journalists to report on classified national security matters without fear of prosecution; and;
* Prohibit the listing of individuals or organizations with a presence in the United States as global terrorists or global terrorist organizations based on secret evidence.
I, (candidate), hereby pledge that if elected President of the United States I will undertake the following to restore the Constitution’s checks and balances, to honor fundamental protections against injustice, and to eschew usurpations of legislative or judicial power.These are keystones of national security and individual freedom:______________ (signed: Hillary Clinton? John Edwards? Barack Obama? Bill Richardson? Al Gore? Mitt Romney? Rudy Giuliani? Sam Brownback? Fred Thompson? Newt Gingrich?)
1. No Military Commissions Except on the Battlefield. I will not employ military commissions to prosecute offenses against the laws of war except in places where active hostilities are ongoing and a battlefield tribunal is necessary to obtain fresh testimony and to prevent local anarchy or chaos.
2. No Evidence Extracted by Torture or Coercion. I will not permit the use of evidence obtained by torture or coercion to be admissible in a military commission or other tribunal.
3. No Detaining Citizens as Unlawful Enemy Combatants. I will not detain any American citizen as an unlawful enemy combatant. Citizens accused of terrorism-linked crimes will be prosecuted in federal civilian courts.
4. Restoring Habeas Corpus for Suspected Alien Enemy Combatants. I will detain non-citizens as enemy combatants only if they have actively participated in actual hostilities against the United States. I will urge Congress to amend the Military Commissions Act of 2006 to permit any individual detained under the custody or control of the United States government to file a petition for a writ of habeas corpus in federal courts.
5. Prohibiting Warrantless Spying by the National Security Agency in Violation of Law. I will prohibit the National Security Agency from gathering foreign intelligence except in conformity with the Foreign Intelligence Surveillance Act of 1978, and end the NSA’s domestic surveillance program that targets American citizens on American soil for warrantless electronic surveillance.
6. Renouncing Presidential Signing Statements. I will not issue presidential signing statements declaring the intent to disregard provisions of a bill that I have signed into law because I believe they are unconstitutional. Instead, I will veto any bill that I believe contains an unconstitutional provision and ask Congress to delete it and re-pass the legislation.
7. Ending Secret Government by Invoking State Secrets Privilege. I will not invoke the state secrets privilege to deny remedies to individuals victimized by constitutional violations perpetrated by government officials or agents. I will not assert executive privilege to deny Congress information relevant to oversight or legislation unless supreme state secrets are involved. In that case, I will submit the privilege claim to a legislative-executive committee for definitive resolution.
8. Stopping Extraordinary Renditions. I will order the cessation of extraordinary renditions except where the purpose of the capture and transportation of the suspected criminal is for prosecution according to internationally accepted standards of fairness and due process.
9. Stopping Threats to Prosecuting Journalists under the Espionage Act. I will urge Congress to amend the Espionage Act to create a journalistic exception for reporting on matters relating to the national defense. As a matter of prosecutorial discretion, until such an amendment is enacted I will not prosecute journalists for alleged Espionage Act violations except for the intentional disclosure of information that threatens immediate physical harm to American troops or citizens at home or abroad.
10. Ending the Listing of Individuals or Organizations as Terrorists Based on Secret Evidence. I will not list individuals or organizations as foreign terrorists or foreign terrorist organizations for purposes of United States or international law based on secret evidence.
I will issue a public report annually elaborating on how the actions enumerated in paragraphs 1-10 have strengthened the ability of the United States to defeat international terrorism, secure fundamental freedoms, and preserve the nation’s democratic dispensation.
These are matters crucial to our ability to conduct ourselves as a democracy. It is encouraging to see conservatives joining the fight to save the Constitution. And, although it's good to have them on board and all, it is a little discouraging to this progressive that even with a Democratic majority in Congress it should be necessary to look to the likes of Bruce Fein, Bob Barr, David Keene and Richard Viguerie for defense of our freedoms.
American Freedom Agenda:
<http://www.americanfreedomagenda.org/>
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