At the outset, I have to explain that if
someone is shooting at me I will shoot back and I will shoot to kill. What I am about to say, then, is not based on
any compulsion against the death penalty.
Our law, arising from the Constitution
of the United States, stipulates that the government does not have the power to
take from me my life, liberty or property without due process of law. The segments of the Constitution laying out
this position are straightforward and unqualified and were designed by our
forefathers to prevent tyranny by our government against us. Yet, we now have the situation where our
government purports to have the right to kill an American citizen under certain
circumstances and without "due process of law." Not only does the
government assert the right, but it does so in secrecy without telling us. And I say that this smacks of tyranny,
dictatorship and fascism.
Here’s the actual language of the
pertinent segments of the Constitution:
Article 2, Section 2: “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.”
Amendment 5: “No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or indictment of a Grand
Jury, except in cases arising in the land or naval forces, or in the Militia,
when in actual service in time of War or public danger; nor shall any person be
subject for the same offense to be twice put in jeopardy of life or limb; nor
shall be compelled in any criminal case to be a witness against himself, nor be
deprived of life, liberty, or property,
without due process of law; nor shall private property be taken for public use,
without just compensation.”
Amendment
6:
“In
all criminal prosecutions, the accused shall enjoy
the right to a speedy and
public trial, by an impartial jury of the State and district wherein the crime
shall have been committed, which district shall have been previously
ascertained by law, 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 defence.”
Nowhere in the above language or in any
other sections of the Constitution does it grant the government any authority
whatsoever to put a citizen to death other any circumstances other than that
arising out of “due process” as above outlined.
But, you have a President, an Attorney General and a Secretary of
Defense who have seized the power for themselves to decide when and under what
circumstances they, or some other nameless government official, can kill an American
citizen. Even a soldier who turns his weapons against his fellow soldiers and
commits treason against our country is entitled to due process.
If they want that right, there is
another applicable section of the Constitution whereby they can get it:
Article 5: ‘The Congress, whenever two thirds of both Houses shall deem
it necessary, shall propose Amendments to this Constitution, or, on the
Application of the Legislatures of two thirds of the several States, shall call
a Convention for proposing Amendments, which, in either Case, shall be valid to
all Intents and Purposes, as part of this Constitution, when ratified by the
Legislatures of three fourths of the several States, or by Conventions in three
fourths thereof, as the one or the other Mode of Ratification may be proposed
by the Congress…”
Those
are the facts. The President and other government
officials who have authorized the use of drones to kill American citizens
without anything other than a summary order and without due process, have
violated the Constitution of the United States, and they have done so knowing
that what they were doing was illegal and unconstitutional or they would not
have hidden it and covered it up from the American people. There is no room for excuses, spins,
split-hairs or any other acceptable basis for their actions. They should be impeached and removed from
office.
That’s
MY AMERICAN OPINION, respectfully submitted.
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