(no subject)

[thies.livejournal.com]

Using the constitution as toilet paper - again. The Obama administration authorized the killing of Anwar al-Awlaki who holds US citizenship. There is some nefarious precedent being created by allowing the President to order the killing of American citizens, regardless of their alleged crimes, without granting them their 5th Amendment rights. Bush with his renditions, and the implications of the Patriot Act was bad enough, but ordering a US citizen to be assassinated as Obama now did takes it to a whole new level. I bet Stalin would be proud of Barry Soetoro. Anyone want to wager which other parts of the constitution will be considered void by Obama until he gets kicked out of the white house?

(source)

Comments

[a-new-machine.livejournal.com]

I'd wager that "testimony" is subject to due process rights (IE the right to confront accusers, cross-examine, counsel, etc.). Original intent is far from controlling in modern due process jurisprudence.

[gunslnger.livejournal.com]

So, Constitutionally, being guilty of treason in court is NOT first required if the treason involves levying war.

This does not follow logically from what you said. You're skipping this part of the clause: No Person shall be convicted of Treason unless

It's talking specifically about what is required to convict, which means you need a trial first.

[a-new-machine.livejournal.com]

I would note that the Sixth Amendment says you're pretty well wrong about the need for a trial.

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury. . . and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."

Unless you want to argue that treason is a suit at law, equity, or admiralty (the other major categories of litigation at the time) it appears that all the trappings of criminal proceedings would apply. Unless it was treason against a member of the armed forces.

[gunslnger.livejournal.com]

You also skipped the part of Article 3 immediately before that clause.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury;

So, it does require a court and jury, as treason is a crime.