Just because national security is the domain of the Executive doesn’t mean they can use lethal force on anyone they wish in any scenario they wish in lieu of effecting arrests for alleged crimes.
I mean, they have to sign some paperwork to make it an official act, but otherwise what’s the difference? They don’t have to arrest anyone according to this ruling, if I’m reading this correctly. Sure, us normal citizens probably do, but according to the court, presidents don’t have to follow the law if it’s an official act. That’s kind of the basis of the dissent. It separates the rules we follow and our leaders have to follow.
You might want to reread the syllabus of the opinion. They differentiate between actions that may be official and ones that can’t. About halfway down pg 4.
The Constitution is the highest law of the land. If it explicitly says the president can do something any law stopping him from doing that would be unconditional and voided, at least as applied.
Otherwise it would be like they amended the Constitution without going through the correct process.
The ruling says that INTENT cannot be questioned. The President can say whatever he/she wants after the assassination, and it cannot be questioned by courts. The Pres can say that the killing stopped an imminent terror attack. They can say the person was in the middle of committing a crime and had a (totally not planted) gun on them.
I get what you are saying, that extrajudicial execution is not a faculty given to the executive branch. In the US, the judicial system is supposed to have the power over adjudicating crimes. And US citizens have the right to trial by their peers. But the government has shown repeatedly in the past that when it comes to terror that they are more than happy to waive rights. See: Guantanamo, drone kills of US citizens, cops killing people who are only suspected of being a threat, etc.
I don’t think assassinations of political rivals would be covered under the president’s constitutional duties.
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Just because national security is the domain of the Executive doesn’t mean they can use lethal force on anyone they wish in any scenario they wish in lieu of effecting arrests for alleged crimes.
Yes it does. That’s exactly what they just ruled.
I mean, they have to sign some paperwork to make it an official act, but otherwise what’s the difference? They don’t have to arrest anyone according to this ruling, if I’m reading this correctly. Sure, us normal citizens probably do, but according to the court, presidents don’t have to follow the law if it’s an official act. That’s kind of the basis of the dissent. It separates the rules we follow and our leaders have to follow.
You might want to reread the syllabus of the opinion. They differentiate between actions that may be official and ones that can’t. About halfway down pg 4.
The Constitution is the highest law of the land. If it explicitly says the president can do something any law stopping him from doing that would be unconditional and voided, at least as applied.
Otherwise it would be like they amended the Constitution without going through the correct process.
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Thanks I’ll take a look a closer look at that section. I’m looking for any hope right now lol.
The ruling says that INTENT cannot be questioned. The President can say whatever he/she wants after the assassination, and it cannot be questioned by courts. The Pres can say that the killing stopped an imminent terror attack. They can say the person was in the middle of committing a crime and had a (totally not planted) gun on them.
I get what you are saying, that extrajudicial execution is not a faculty given to the executive branch. In the US, the judicial system is supposed to have the power over adjudicating crimes. And US citizens have the right to trial by their peers. But the government has shown repeatedly in the past that when it comes to terror that they are more than happy to waive rights. See: Guantanamo, drone kills of US citizens, cops killing people who are only suspected of being a threat, etc.
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They’ve already argued that it is. They’ve literally argued that assassinating a political rival, while president, is an official act.