Mr. Andrew C. McCarthy needs to put his spectacles on and read the Fifth Amendment. It is very clear the federal government cannot kill a United States citizen without due process of law. The President’s judgement or urge is not due process of law.
Mr. McCarthy states, “The Constitution enables the government to marshal all the might necessary, under any conceivable circumstances, to quell threats to the United States.” Under his interpretation, a President could define anyone who opposes his or her policies as a threat to the United States. If I actively or passively oppose a law passed by Congress, or a regulation issued by the President, why shouldn’t I be considered a threat to the United States, particularly if I attempt to organize other citizens to actively oppose the law. Wasn’t Martin Luther King a “threat to the United States?” He deliberately flouted and violated laws in a nonviolent fashion. Mr. Obama and Mr. Holder have openly and deliberately chosen not to enforce laws passed by Congress. Are they not “threats to the United States”?
The Fifth Amendment is clear. It reads, “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.” The words are clear — “No person shall. . . be deprived of life, liberty, or property, without the due process of law. . .”.
With respect to the first part of the Fifth Amendment relating to answering to a crime in time of war, consider:
1) It specifically speaks to a capital or infamous crime. Plotting or minor crimes do not qualify.
2) It specifically speaks to a person in actual service (army, navy militia) in time of war or public danger. A citizen not enrolled in the armed forces is not “in actual service” and therefore cannot be held to answer for a capital or infamous crime without indictment (i.e. due process of law). In addition, the Amendment speaks to “time of War or public danger” with the word “War” capitalized and therefore implying a formal declaration of war. There has not been a formal declaration of war passed by Congress since the December 11, 1941 declaration of war against Germany. There is no declaration of war in effect today so the President has no authority to use the armed forces against US citizens or the citizens of any other nation.
You will find very few authorities who disagree with me on this point.
While I understand your point, I think common ground between McCarthy and Rand Paul can be found.