The Fifth Amendment to the Constitution states in part that no person shall "be deprived of life, liberty, or property, without due process of law..."  Article I Sec. 8 of the Constitution, listing the enumerated powers of the government states, states that Congress has the power to declare war and issue letter of Marque and Reprisal.  These are the only to provisions of the Constitution under which Congress could grant the authority to the President to authorize killing of enemy combatants.  

 

With regard to the killing over the weekend of an American citizen, designated an enemy combatant, neither has their been a formal declaration of war nor has Congress issues a letter of Marque and Reprisal.  Therefore I ask under what Constitutional authority did the government of the United States kill Al-Awlaqi? 

Did Al-Awlaqi commit treason?  Most likely.  Does the Constitution address Treason?  Absolutely. 

 

Article III Sec. 3 defines treason as "Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted. "

 

When did two witnesses give testimony as to Al-Awlaqi's overt act?  I know of none.  When did Al-Awlaqi confess to treason in open court?  Didn't happen.  When did Congress declare the punishment of death?  Oh, that didn't happen either,  So no, treason does not apply to this case.

 

Whether as an enemy of the United States he deserved to be marked for death is a separate question from under what legal authority this action took place.  Under the Patriot Act, the President and the Attorney General can designate anyone they want, including American citizens, "enemy combatants," with the authority to deny due process of law and hold them indefinitely without trial. 

 

I am outraged and saddened when I hear  self proclaimed conservatives and constitutionalists cheering Al-Awlaqi's death.  We either have a Constitution which restrains the whims of our elected leaders or we

do not .  When Ron Paul and Gary Johnson have the audacity to question the killing of Al-Awlaqi they are labelled kooks and fringe.  If it is "kooky" and "fringe" to want our leaders to abide by the Constitution then count me in.

 

If I am wrong please tell me where in the Constitution state sanctioned murder without due process of law can be found.  If I am right, why do you continue to support candidates that would  knowingly and willingly violate their oath of office?

 

 

 

 

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Comment by Cindy Jordan on October 12, 2011 at 8:47am

We all know we are not racist, terrorist, or half the things that the media has called us.  This is a true patriot that I believe could truly represent the Tea Party.

He may not have all the answers.  But, he does not back up.  He could be the new blood this Gov has been needing.  Romney tried it before, along with McCain and so many others.  We need someone besides another politician. 

Subject: Herman Cain is running for president

 
What a biography.... Thought u might be interested in this
 
Herman Cain is running for president. He’s not a career politician (in
fact he has never held political office). He’s known as a pizza guy, but
there’s a lot more to him. He’s also a computer guy, a banker guy, and a
rocket scientist guy.
Here’s his bio:
Bachelor’s degree in Mathematics.
Master’s degree in Computer Science.
Mathematician for the Navy, where he worked on missile ballistics (making
him a rocket scientist).
Computer systems analyst for Coca-Cola.
VP of Corporate Data Systems and Services for Pillsbury (this is the top
of the ladder in the computer world, being in charge of information
systems for a major corporation).
All achieved before reaching the age of 35. Since he reached the top of
the information systems world, he changed careers!
Business Manager. Took charge of Pillsbury’s 400 Burger King restaurants
in the Philadelphia area, which were the company’s poorest performers in
the country. Spent the first nine months learning the business from the
ground up, cooking hamburger and yes, cleaning toilets. After three years
he had turned them into the company’s best performers.
Godfather’s Pi
Comment by Douglas Newberry on October 10, 2011 at 1:26pm

This topic should be sparking outrage among the Tea Party... instead, they cheer. You see... most of the "so called" tea party members are nothing more than right wing nuts angry about whatever. They do not support the Constitution for the United States of America. They pick and choose which parts they like.

The original Tea Party, the ones that were involved before the right wing nuts hi-jacked the movement, are outraged at this clear violation.

THIS is the biggest problem with the Tea Party... it has been hi-jacked by the republiCONs and they don't give a rats ass about the Constitution.

They are "all hat and no cattle".

Comment by amanda choate on October 4, 2011 at 5:58pm

This guy was bad news and probably deserved to die. But a trial first, then the execution. A trial held in abstentia could have been conducted at any time. Bush killed in a similar incident in 2002, but stated the American was killed collaterally while killing other members of al Queda.

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