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View Diary: Droning Americans on US Soil: Why Holder's "No" is Not Reassuring (156 comments)

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  •  No it doesn't fly in the face of anything. (0+ / 0-)

    The legal powers of the President outside the US and inside the US are Constitutionally very different, particularly in the context of a declaration of war or the functional equivalent (the AUMF of 2001).

    "War or public danger" is the threshold outside the US (5th Amendment). "Invasion or rebellion" is the threshold inside the US (Article I, Section 9). Two centuries of law and jurisprudence also establish a "clear and present danger" threshold (and that is also clearly defined by both legislation and judicial ruling over the years) which applies both within and without the United Sates, whether in time of war or not.

    And the administration has never made a claim to the contrary.

    We have just enough religion to make us hate, but not enough to make us love one another. -- Jonathan Swift

    by raptavio on Sat Mar 09, 2013 at 06:33:50 AM PST

    [ Parent ]

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