Did Killing Awlaki Cross a Constitutional Line?

In light of the killing of Awlaki in Yemen yesterday, an American citizen, there are some who are pointing to the Constitution’s 5th Amendment and crying foul. Certainly this must be considered and to do so, we must first look AT that 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.”

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Restoring the Trust of Our Founders

Clearly, the Constitution defines the qualifications for one to become the President but are these the only qualifications which should be met? By law, yes. By rational thought, no. This is where those who believe in absolute strict adherence to the rule of the constitution and those who believe common sense should have a role may differ – but I contend that the two, strict adherence and common sense, can and must be used in tandem.

The Constitution tells us the following:

 

Article II, Section 1, Clause 5 of the Constitution sets the principal qualifications one must meet to be eligible to the office of president. A president must:

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