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View Diary: The Power to Assassinate a Citizen (228 comments)

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  •  That's completely ridiculous (2+ / 0-)
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    SoCalSal, Deep Texan

    There is no right to be in a state of war against the USA and no obligation on the political branches to request permission from the judiciary in pursuing military action.

    Jefferson sent the Navy and Marines to Tripoli without even Congressional authorization. Washington lead a US army against US citizens in Pennsylvania without a judicial order.  The idea that a dual US citizen can make war on the United States and that absent a court order the USA is powerless to defend itself is an idea without any constitutional basis or any sense.

    •  Jefferson also went to Congress... (0+ / 0-)

      ...and asked for authorization after dispatching the forces.  But since war had been declared by Tripoli against the United States by that point, the Commander in Chief power was at a higher ebb.

      Washington's deployment of forces during the Whiskey Rebellion was in response to an armed domestic insurrection, which is a federal duty under the Guarantee Clause, and he actually did have judicial oversight--Section 2 of the Militia Act of 1792 mandated an associate justice or district judge attest that the "ordinary course of judicial proceedings" were insufficient to restore order in the event of a rebellion, which Justice Wilson did.  The Third Congress was not in session in August when the President called up the militia, but Washington did so in accordance with the law, and with Congressionally mandated judicial involvement.

      "Speaking for me only." -Armando

      by JR on Thu Sep 30, 2010 at 01:54:18 AM PDT

      [ Parent ]

      •  and Obama proceeds under (1+ / 0-)
        Recommended by:
        Deep Texan

        congressional authorization as well. I think that the AUMF is ridiculously over-broad, but ...

        •  Then I think we agree on my basic point... (1+ / 0-)
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          Support Civil Liberty

          ...which is that the balance between Congress and the Executive has tilted too far to the President's side.

          "Speaking for me only." -Armando

          by JR on Thu Sep 30, 2010 at 02:02:34 AM PDT

          [ Parent ]

          •  Congress has clearly evaded responsibility (2+ / 0-)
            Recommended by:
            SoCalSal, Deep Texan

            but I think that's part of a larger problem which is that Congress is mostly dysfunctional. It cannot budget effectively, let alone decide questions of war and peace. To me, the whole system of government is teetering on the edge of collapse anyways and it's not simply a question of balance of powers. If Congress is not able to act effectively due to the combination of its function as an incumbency protection racket, the power of money, the cultlike party unity of the Republicans, generations of gross gerrymandering, and Senate rules that make no sense - "balance" is the least of our problems.

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