A couple weeks ago on February 5, an editorial was
released in the New York Times titled To
Kill an American. Though no author was specified, the opinionated article was
edited by Andrew Rosenthal, and it covers a controversial topic regarding the
Obama administration’s recently released “white paper” which provides the legal
justification for Obama’s power to order the killing of any American citizen that an “informed, high-level official” decides
is a “senior operational leader of Al Qaeda or an associated force.” The
article claims that according to Obama and his lawyers, he has the power to do
so under Constitutional and Federal law, and dismisses the idea that the other
two branches of power have any right to review his decisions to exercise it
before, or afterwards. While it is difficult to analyze the author’s
credibility as their name has been omitted in the article, the text speaks to
all Americans as it argues that regardless of the circumstances, every citizen
has constitutional rights and a judge must ensure that they are being
respected. It also adds that the document provided by Obama’s lawyers use very
vague wording to justify his power and that the only “oversight” required
resides within the executive branch, meaning that no justification has to be
provided nor even the mere acknowledgement that the killing of such an American
ever occurred. The article ends on the belief that going forward, such
decisions should be handed over to Congress and the courts for review to, at
the very least, provide these citizens the right of due process.
Although
I completely understand that there is a justified need to keep decisions like
this under a tight lid, I do agree with the author. He or she contributes a
very good point when they mention that one possible solution is to create a
special court to handle these types of sensitive cases, just like the one which
was formed to review wiretapping. Just because someone might be affiliated with
a foreign terrorist organization does not exempt them from the rights provided
under the Constitution as an American citizen. I think that by not providing
these rights, we defeat the very purpose of having them in the first place.
Sure, it’s easy to look at it from the perspective that by pledging allegiance
to an anti-American organization you basically forfeit your rights as a citizen,
but this is America; we’re supposed to be better than. We should strive for
equality all across the board – if at least at the most basic level.
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