Speech #920098429

Instead of enumerating all of the titles of the United States Code which authorize imprisonment. the committee decided to replace the original sections 1 and 2 with a single provision: No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an act of Congress. The sole purpose of this amendment is to assure that no detention camps can be established without the consent of the Congress. It is not the committees intent to eliminate any detention practices presently authorized by statute or judicial practice and procedure. "Stop and frisk" powers by law enforcement personnel. searches by border patrolmen and customs officials. detentions of suspects for identificationall would remain unaffected by the committees amendment. Detentions incident to judicial administration such as those authorized by the judicial authority to maintain order in a courtroom. judicial contempt powers. and the judicial authority to revoke bail or parole. are not within the intendment of the committees amendment. Certainly. the committee does not propose that detentions presently permitted in the normal course of law enforcement and judicial administration be influenced in any way.