The Craig Fahle Show

Does The President Have Constitutional Power To Target And Kill U.S. Citizens Abroad?

Tuesday, April 22, 2014

Debate video from Intelligence Squared US

View the summary of the debate below:

With the drone strike on accused terrorist and New Mexico-born Anwar al-Awlaki in Yemen, President Obama has tested the limits of the executive branch’s powers. Does the president have constitutional authority under the due process clause to kill U.S. citizens abroad, or is it a violation of this clause to unilaterally decide to target and kill Americans?


The President has the constitutional power to target and kill U.S. citizens abroad


"The important distinction is not between Americans and non-Americans, but rather between combatants and civilians. All Al-Qaeda operatives are unlawful combatants." | Alan Dershowitz, Professor of Law, Harvard Law School

"The laws of armed conflict go where the participants in the armed conflict go. And because this is an armed conflict, there are no due process rights available." | Michael Lewis, Professor of Law, Ohio Northern University School of Law


"Your government can't kill you without a trial. That's the essence of liberty." | Noah Feldman, Professor of Law, Harvard Law School

"The power that the president is claiming is unlawful and it is unwise. In our system of checks and balances, the president cannot be the judge, jury and executioner." | _Hina Shamsi, Director of the ALCU National Security Project _