Posts in "Executive Branch"

cityoflight's picture
By Joe Miller at 11:35AM

A Dangerous Mistake We Shouldn't Make Again

A lot of people have justified the extrajudicial killing of Anwar al-Awlaki by saying it was basically an aberration – a unique situation where we needed to wipe out a terrorist threat and the guy we targeted just happened to be an American citizen. Surely these assassinations are not going to become a new trend, and the government would never carry out such an act unless it was absolutely necessary to the national defense.

Let’s put aside for a moment that the “emergency” rationale has been used to enable countless examples of bad policy, from the Alien and Sedition Acts to the Japanese-American internment camps to the 2008 bank bailout. The real cause for concern is that even if you accept the premise that this killing, just this one time, was ok, there is no guarantee whatsoever that the next one will be. And given the government’s history of taking a few hundred miles when given an inch, there is no reason we should trust it to restrain itself here.

By any measure, al-Awlaki was not a sympathetic figure. It’s easy to say “good riddance” to this one death in the faraway and war-torn Middle East, even if we aren’t entirely comfortable with how it took place. It’s easy to assure ourselves that the government wouldn’t dare kill a “real” American citizen, one who actually lived here and wasn’t plotting acts of terror against us. If any president ever thought of doing so, the potential public outcry and pure injustice of it would surely stop him in his tracks.

Unfortunately, we once said the same thing about the president making war.


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Justin Page Wood's picture
By Justin Wood at 1:56PM

Don't Waste a Crisis

In a further abuse of power, the U.S. military wants to help citizens in the event of a Swine Flu outbreak, according to the Department of Defense.

The proposal is awaiting approval from Robert Gates - the Defense Secretary of both Barack Obama and former President George W. Bush.  It includes working with FEMA and the National Guard and Reserve forces.   And the military would be permitted to test large numbers of viral samples from infected patients.

This plan would be passed as an Executive Order, without Congressional review, as authorized by Article II Section 2 of the Constitution - however, the provision and maintenance of the military is to be spelled out by the Congress, according to Article I, Section 8.

This plan appears to be in direct violation of the Posse Comitatus Act of 1878, which prohibits the Army, Air Force, and State National Guard forces from exercising nominally state law enforcement, police, or peace officer powers that maintain "law and order" on non-federal property within the United States.

Read the CNN news article here.


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