I'm not a constitutional scholar but I don't think I have to be to understand some of the basics, you know, like the 5th and 6th amendments which deal specifically with granting all American citizens the right to a trial and due process. Yet, somehow, President Obama, doesn't think they are applicable thanks to President Bush's declared, eternal, war on terror.
[Pres. Bush] authorized the military to kill U.S. citizens abroad if strong evidence existed that an American was involved in organizing or carrying out terrorist actions against the United States or U.S. interests {source}
You see, Obama (I'm dropping the honorific on purpose) has taken that declaration and run with it and authorized the assassination of an american citizen no matter where he is found.
The American citizen in question is Anwar Al-Awlaki a purported terrorist who is supposedly planning and coordinating attacks against the US. I'll readily admit that the accusations against him are exceptionally nasty and that, if true, he should be punished to the full extent of the law (I don't mind the death penalty in cases like this). It's important to note though that the key part of my last sentence was "if true." You see, we just don't know if he really has done what the executive branch is claiming. Has Al-Awlaki actually committed the crimes he is being hunted for? Maybe, heck even probably, but we don't know. Why don't we - because he hasn't been given a public trial, with a jury, where the evidence was actually presented.
Look, Al-Awlaki isn't some guy the military apprehended in the remote mountains of Afghanistan who isn't necessarilly afforded the rights bestowed by the constitution (i.e. Guantanamo prisoner) because he isn't a citizen (that is a completely different discussion). No, Al-Awlaki is a bona-fide American citizen who still has all the rights that designation entails. Just because he is a muslim, or because he lives outside the US now, or even because he actively speaks out against US policy doesn't mean he has forfeited his rights or his citizenship. He is, in essence, just like me - an American. Yet, he is being hunted by his own government; not to be arrested, but to be killed - to have his death sentence executed without ever having the benefit of a trial.
How can any freedom loving American defend this? How can anyone, regardless of political orientation sit back and condone the assassination of an American citizen by the American government? It is unjustifiable. It is an abomination! And it sets a chilling and dangerous precedent. If we, the people, allow this to happen, then we silently say we approve of a government that is willing to murder it's own people without proving just cause. We are saying that anyone, of any walk of life, can be targeted by the government and we don't care if they provide proof for their allegations.
Think of how easily this could be abused. If you are a left-winger think of Cindy Sheehan, the symbol of a grieving mother who actively protested the war in Iraq in front of Bush's ranch in Crawford, Texas. Her outspoken rhetoric would have been enough to convince the right that she was surely actively plotting in, and coordinating, attacks on America - that she was a terrorist who the government could kill with impunity. If you are a right-winger imagine that Rush Limbaugh, in his political shock-jock fashion, continued to overtly criticize almost everything that Obama does was implicated (without a trial or any evidence) of conspiring and coordinating an attempt to assassinate the president (plenty on the left would gladly believe it) - a clearly terrorist act - and thus he too could be listed for assassination without being granted due process.
Imagine, by posting this mostly unread blog post, that I too could be listed as a terrorist that could be killed at anytime by our government without fear of a revolt by the people - that we would sit idly by and accept it.
Sure, neither I, Sheehan, nor Limbaugh are Al-Awlaki however all four of us share one critical characteristic - we are all American Citizens and we all deserve the full protection of the Constitutional rights we were born with. If our government wants to mete out the death penalty they need to prove our guilt first.
Some people may argue that the constitution actually authorizes this type of action; specifically citing the fifth ammendment:
...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;...
However, the assassination order doesn't deal with a battle field or even a specific time where the public is in danger. It is a clear and unbounded decree that Al-Awlaki can be killed no matter where he is found. The government isn't trying to kill Al-Awlaki while he is actively engaging in a crime - they just want to kill him; whether he is sleeping, swimming, sitting back enjoying a book, or walking along a beach taking in a sunset. It is a completely indefensible policy and explictly contradicts all of the protections afforded him in the Constitution, the 5th amendment not withstanding.
No matter your political leaning please do not sit quietly by and allow this type of action to happen without demanding an answer - without demanding that the Constitution be respected. To paraphrase Dr. King it is not the actions of evil people we need to fear it is the silence of good people. If we remain silent we grant, in absentia, to our government the right to murder it's own people. Do not let this happen.