After all, if I as a citizen of the United States were to commit or plan to commit a felony -- any felony -- and then make a run for a country with no extradition treaty, how could it possibly be the prerogative of the President to send a death squad after me?
I still can't get over how many times certain people said we weren't bound by the Law of War with respect to GITMO detainees . . . and suddenly now we are.
tried by a military commission.
If one were to have applied such an unwieldy interpretation of the Fifth Amendment, then the Union Troops would have had no constitutional authority to use deadly force in the Civil War against Confederate troops (U.S. citizens under the law, as such force deprived them of due process). There are no legal precedents whereby the Fifth Amendment could be applied to bar the use of deadly force during disorder that threatened lives, much less negate the military's ability to target combatants.
Last edited by donsutherland1; 04-07-10 at 10:38 PM.