[identity profile] thies.livejournal.com posting in [community profile] talkpolitics
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)

(no subject)

Date: 7/4/10 18:24 (UTC)
From: [identity profile] chessdev.livejournal.com
??

I said the opposite -- not sure what you're talking about.

(no subject)

Date: 7/4/10 22:31 (UTC)
From: [identity profile] gunslnger.livejournal.com
Congress cannot take powers that are not approved by the Constitution, which is what you are relying on in order to say that they have the power to do this.

(no subject)

Date: 7/4/10 22:40 (UTC)
From: [identity profile] chessdev.livejournal.com
Those powers are approved by Constitution -- they dont have to enumerate everything specifically.

And If Congress approves + Aministration approves + Supreme Court no overturn it...

THEN it is Constitutional. By Definition.

(no subject)

Date: 7/4/10 23:44 (UTC)
From: [identity profile] gunslnger.livejournal.com
In fact, the power is specifically forbidden by the Constitution.

(no subject)

Date: 8/4/10 17:30 (UTC)
From: [identity profile] gunslnger.livejournal.com
Article 3, Section 2, and the 5th and 6th Amendments.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

(no subject)

Date: 8/4/10 17:42 (UTC)
From: [identity profile] chessdev.livejournal.com
That is if the person is a prisoner -- if they are captured.

That is different from what we're talking about.

5th Amendment also applies to trial, if they are captured. He isn't captured.

6th Amendment also deals with prosecutions -- which ALSO deal with trials.
which *again* we are not talking about.


*IF* they capture this guy -- these things apply. But what we're talking about is that if they *cant* capture him they can take means to kill him.

Not very nice -- but not in violation of what you've listed here.

(no subject)

Date: 8/4/10 18:14 (UTC)
From: [identity profile] chessdev.livejournal.com
That still stands -- the order Obama signed was that **if they can NOT** capture him without putting the troops at unacceptable risk -- take him out.

(no subject)

Date: 8/4/10 17:44 (UTC)
From: [identity profile] gunslnger.livejournal.com
No, it's if they committed a crime. When you commit a crime, you have to go to court to have it proved that you did it. Period.

(no subject)

Date: 8/4/10 18:19 (UTC)
From: [identity profile] chessdev.livejournal.com
Not true.

First of all, our wonderful former President GWB set a wonderous precedent of holding people indefinitely WITHOUT a trial or even charges being brought.

Although i didn't support that -- it is precedent.

Second, if Administration + Congress + Supreme Court support it... then it's allowed. Period.

(no subject)

Date: 9/4/10 23:58 (UTC)
From: [identity profile] gunslnger.livejournal.com
That precedent only applies to enemy combatants, which are specified as foreigners, so it doesn't apply here. And I don't believe it's actually been ruled on by the Supreme Court. The case that was before them was testing something different than that.

(no subject)

Date: 10/4/10 01:00 (UTC)
From: [identity profile] chessdev.livejournal.com
The Supreme Court has **not** overturned it, and Administration + Congress have endorsed it.

Thus it IS Constitutional. By Definition.

(no subject)

Date: 10/4/10 02:33 (UTC)
From: [identity profile] gunslnger.livejournal.com
No, if it hasn't been considered then it just hasn't been ruled unconstitutional yet. That does not make it Constitutional. It makes it undecided.

(no subject)

Date: 10/4/10 03:35 (UTC)
From: [identity profile] chessdev.livejournal.com
Undecided = Constitutional if the practice is allowed to continue and Supreme Court refuses to hear it or rule.

(no subject)

Date: 10/4/10 06:40 (UTC)
From: [identity profile] gunslnger.livejournal.com
The Supreme Court can only rule on things brought to them. It hasn't been brought to them yet AFAIK. Which means they haven't refused it either. Therefore, it's undecided, not Constitutional.

And your statement is logically false anyways. Undecided isn't undecided if the Court refused to hear it, as that's a decision.

(no subject)

Date: 10/4/10 12:35 (UTC)
From: [identity profile] chessdev.livejournal.com
Ok.....

if you say so....
because apparently that's all that's needed...

Intents and purposes, facts and reasons be damned.

(no subject)

Date: 10/4/10 17:33 (UTC)
From: [identity profile] gunslnger.livejournal.com
Yes, logic is all that's needed. Your last statement is just more idiocy from you though.

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