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In reply to the discussion: America Is Preparing to Murder Its 5th Citizen by 'Remote Assassination' [View all]markpkessinger
(8,871 posts)85. Actually, the word 'citizen' is beside the point in this context . . .
. . . The Fifth Amendment does not apply to citizens only, but to all "persons" under U.S. jurisdiction. The text reads:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
(Emphasis added.)
It may well be that this person has "taken up arms against the U.S., and that in so doing he has renounced his citizenship, but those are questions to be determined by due process of law, not by presidential fiat.
And your faith that President Obama would never exercise this (extra-constitutional) authority improperly (which statement itself is rather oxymoronic, but I'll leave that lie for the moment) is all well and good, but would you be as comfortable with, say, a future Dick Cheney-like President possessing that power? The problem that arises when Presidents claim some new authority for themselves is that such authority is virtually never ceded or relinquished by their successors.
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America Is Preparing to Murder Its 5th Citizen by 'Remote Assassination' [View all]
xchrom
Feb 2014
OP
Source: U.S. debating targeted killing of American terror suspect overseas
struggle4progress
Feb 2014
#98
If a Republican president was about to do this, it would have 200 recs before
bullwinkle428
Feb 2014
#7
Was Bush president in 2011? We don't have to wonder what the reaction on the Left would be
sabrina 1
Feb 2014
#16
Your link was to one of your own OPs from 2011. Which didn't match at all, the
sabrina 1
Feb 2014
#21
How do you know any of this? I don't know that such a person even exists. The Government has
sabrina 1
Feb 2014
#47
No one has to TRY to be outraged about just what you stated. You outlined the
sabrina 1
Feb 2014
#70
The definition of "waging war" has become as nebulous and useless as that of "terrorism".
Maedhros
Feb 2014
#64
And the people who operate torture dungeons where even those we admit are innocent
JoeyT
Feb 2014
#112
the term American citizen is dubious. It has long been established that if you leave the US and take
okaawhatever
Feb 2014
#12
Who is this person you are confidently condemning to death? A 16 year old teenage American maybe?
sabrina 1
Feb 2014
#20
Incorrect. You must take up arms against USA with the INTENTION of relinquishing US nationality.
Vattel
Feb 2014
#22
Hasn't it been ruled that leaving the country and participating in actions against the US is
okaawhatever
Feb 2014
#28
Bad headline. America isn't going to murder anyone with a drone; Obama is.
DesMoinesDem
Feb 2014
#24
Hey! Where's that DUer who goes on Fox News to tell us why drone killing is A-OK????
Romulox
Feb 2014
#25
Is that the same one that goes to freeperville so they can tell us what freeps are saying?
L0oniX
Feb 2014
#36
Should we ask them real nice to come back from that Taliban training camp to stand trial? nt
okaawhatever
Feb 2014
#41
I wouldn't say we are "replacing" our historic system of trial by jury with one that depends on the
okaawhatever
Feb 2014
#44
Other than obvious deserters during the heat of battle, yes, I think all American soldiers should
ladjf
Feb 2014
#52
Many DUers seem to trust Obama with the unilateral power to decide to execute someone,
Nye Bevan
Feb 2014
#62
This "murder by drone" has got to stop immediately. It disregards the Constitution in a flagrant
ladjf
Feb 2014
#38
I think they wrote something into the laws they put in place about 'due process'. John Adams eg
sabrina 1
Feb 2014
#48
That's soooo 18th century. We have to "look ahead". Like we did with CIA torturers.
Tierra_y_Libertad
Feb 2014
#51
In WWII, there were a number of American Citizens of German descent who returned to Germany and
Agnosticsherbet
Feb 2014
#54
I'm always shocked to read American's exceptionalism on this issue. As if different laws should
msanthrope
Feb 2014
#73
Actually, the Fifth Amendment applies to all persons under U.S. jurisdiction . . .
markpkessinger
Feb 2014
#86
And so does the AUMF of 9/18/2001. You've also made a fatal mistake about the 5th....
msanthrope
Feb 2014
#113