The National Defense Authorization Act (NDAA) is a United States
federal law specifying the budget and expenditures of the U.S.
Department of Defense. Congress passes a version of this Act
every year. H.R. 1540, the NDAA for fiscal year 2012, was passed
in December and signed into law by President Obama on New Year’s
Eve. So why is the 2012 version of the NDAA getting so much
attention? A controversial section in the law now gives the
President authority to detain a person indefinitely without
trial, a provision that critics assert to be unconstitutional.
Here is the language in the law: Under Subtitle
D—Counterterrorism, Section 1021 (a), it states, “In General –
Congress affirms that the authority of the President to use all
necessary and appropriate force pursuant to the Authorization
for Use of Military Force includes the authority for the Armed
Forces of the United States to detain covered persons (as
defined in subsection (b)) pending disposition under the law of
war. (b) Covered Persons – A covered per