Stephann
Posts: 4214
Joined: 12/27/2006 From: Portland, OR Status: offline
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quote:
ORIGINAL: farglebargle The Fifth Amendment to the United States Constitution says: “ No person shall be ... deprived of life, liberty, or property, without due process of law .... ” The Fourteenth Amendment to the United States Constitution says: “ No State shall ... deprive any person of life, liberty, or property, without due process of law .... ” The Fifth Amendment guarantee of due process is applicable only to actions of the federal government. The Fourteenth Amendment contains virtually the same phrase, but expressly applied to the states. The Supreme Court has interpreted the two clauses identically, as Justice Felix Frankfurter once explained in a concurring opinion: "To suppose that 'due process of law' meant one thing in the Fifth Amendment and another in the Fourteenth is too frivolous to require elaborate rejection." The hitch, being that this applies only to those protected by this constitution; i.e. citizens. To boot, a military decision that originates with congress (declaration of war) and executed by the commanding officer (presidential decision who, by the authority congress has granted, funded, and consistantly supported, without opposition by the judiciary branch) would constitue 'due process' for the execution of a stratigic military strike. The matter of law aside, this is a terrible idea. The very reason there are groups that hate the US, is that we make stupid unilateral decisions like this. There's a wild misconception that there is any one central authority with the power to control the groups that are against us. We assume they have a national identity. In reality, the only groups they hate as much as the United States, are their rival factions. If we continue down this path, our efforts will only serve to further strengthen an effort to fight against a common goal: us. Stephan
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Nosce Te Ipsum "The blade itself incites to violence" - Homer Men: Find a Woman here
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