Charmander said:
I'm not talking about Bin Laden, I'm talking about terrorists in general. It has been suggested in this thread that the lack of U.S. citizenship is a valid argument to deny someone a fair trial, which is a dangerous mindset to have, any way you look at it.
Yeah, I don't believe that at all.
Charmander said:
Also, while I do agree that (from a personal POV, as opposed to a politically interested one) Bin Laden got what he had coming to him, and no trial would have changed the inevitable, I do have an issue with just casually brushing this case off as something that was a-ok. The execution of Bin Laden should not be glorified as some great triumph of justice. It should be seen for what it is: an exception from the rules, as well as technically a violation of the law. The often overlooked danger here is that where there's one exception, more are usually to follow. Cross a line once, it gets much easier to do it again. Progressive escalation like that happens just about anywhere people are involved. Therefore it is necessary to keep such exceptions in check. Accept that they happened, learn from them, but never try to glorify or justify them.
If you fail to do that, the exception just might become the rule, and you might come face to face with the situation I have illustrated a lot sooner than you expect.
That's a point that I definitely agree with. So, consider my position changed to "it was more or less okay this time but let's try not to do it in the future".
Bulbasaur said:
http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html#14 said:
Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
note how it specifies the rights of citizens and then goes on to
specifically and separately enumerate the rights of non-citizens, and that those rights include the right to not be executed without a trial
of course this applies to the state governments only, because the fifth amendment already stops the federal government from doing that.
but apparently, you don't believe in the fifth amendment
Let's look at the Fifth Amendment, shall we?
[quote author=Fifth Amendment]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[/quote]
So now the question becomes "does this qualify as "war or public danger". Personally, I would say... probably not. But considering the whole "War on Terror" idea, then I suppose it would be war in principle (it's not legally war because war was not declared by Congress; the last time that happened was World War II iirc).
My opinion? I don't believe we were technically at war, nor was bin Laden in his current state a threat to public danger. But as per what Edo said, we should still have avoided taking him out even if it was an exception to the law.
If we're going to get that technical about laws though, then
technically shouldn't President Obama be impeached for failing to "faithfully execute the Office of the President of the United States" because he hasn't prosecuted Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Rhode Island, Vermont and Washington for breaking the Defense of Marriage Act?
Or
technically, he also hasn't executed his office by prosecuting Washington and Colorado for legalizing marijuana, which is still a banned substance on a federal level.
For the record, I think that both same-sex marriage and marijuana use should be legal. And I
personally don't feel that Obama should be blasted for not prosecuting the states on this. But isn't this a good example of selective prosecution? Legally, he should be required to wait until the Supreme Court strikes down DOMA (which it probably will) or marijuana legislation is repealed (or struck down, which it might be).
What I mean by this is that if we aren't going to allow the federal government to make exceptions
sometimes, then we shouldn't allow it to make exceptions
anytime. Whether we support the exception or not.