Did Obama have the legal authority to kill Osama?

[Matt Collins]

Did President Obama actually have the legal Constitutional authority to assassinate Osama Bin Laden?

[MelissaWV]

There have been recent legal cases about assassination. I am too tired to look them up, but I do believe limited assassination tactics are now allowed.

We just were, you know, too good to use them against Gaddafi, and made a big stink about it.

[jonhowe]

If you mean did we have the legal authority to try to capture him forcefully, I think it's clearly yes.

If you mean did we have the legal authority to do so in Pakistan, though... I don't think so.


But honestly, I'm not going to waste my time nit picking that. Such "inconvenient details" just make people like us look 'kooky', unfortunately.

[Matt Collins]

If you mean did we have the legal authority to try to capture him forcefully, I think it's clearly yes.

If you mean did we have the legal authority to do so in Pakistan, though... I don't think so.


But honestly, I'm not going to waste my time nit picking that. Such "inconvenient details" just make people like us look 'kooky', unfortunately.The rule of law and following the Constitution is "kooky"?

[QueenB4Liberty]

We didn't have authority to go into Pakistan but didn't Pakistan officials give him up? And give up permission to strike?

[VBRonPaulFan]

The rule of law and following the Constitution is "kooky"?

I think it's a bit silly to nit pick over that without being more upset that we're unconstitutionally occupying like half of the middle east with our military...

[Mini-Me]

I think the legal issue probably boils down to the question, "Was there a Letter of Marque and Reprisal issued?"


I think it's a bit silly to nit pick over that without being more upset that we're unconstitutionally occupying like half of the middle east with our military...

This too. Even if it were more popular to do so than it is today, it's probably unwise to put the cart before the horse.

[jonhowe]

The rule of law and following the Constitution is "kooky"?

If that's your priority (as it is mine, and yours I assume), no.
If killing the bad guy is your priority, than yea, it is kooky. To someone who doesn't actually care to think this stuff through, you're saying we SHOULDN'T have killed the guy who planned 9-11. "Why do you hate America?", etc.

Now, if Pakistan gave us the go ahead, that's different. I hadn't read that.

[Andrew-Austin]

The rule of law and following the Constitution is "kooky"?

Asking people this question will only turn others away from Constitutionalism, make you look really bad.

By people, I mean people who are not members of this forum.

You even framed the question pretty badly, in that there is no one who thinks killing Osama is a bad thing, and the way you frame the question gives credit to Obama for it. When he at most probably just said "yeah, do that" after some adviser military type told him of the situation and suggested a course of action.

If arguing this point has a snowball's chance in hell of convincing others that we should move in the direction of a more limited government, you might as well not mention it at all.

[doodle]

Asking people this question will only turn others away from Constitutionalism, make you look really bad.

By people, I mean people who are not members of this forum.

You even framed the question pretty badly, in that there is no one who thinks killing Osama is a bad thing, and the way you frame the question gives credit to Obama for it. When he at most probably just said "yeah, do that" after some adviser military type told him of the situation and suggested a course of action.

If arguing this point has a snowball's chance in hell of convincing others that we should move in the direction of a more limited government, you might as well not mention it at all.

I have to disagree, this question examines belief in certain principles and convictions. Popular it may not be but logically sound it is as a rationale.

[Andrew-Austin]

I have to disagree, this question examines belief in certain principles and convictions. Popular it may not be but logically sound it is as a rationale.

Keep it to yourselves then if you don't want to go around giving people an excuse to laugh at Constitutionalism.

[doodle]

Keep it to yourselves then if you don't want to go around giving people an excuse to laugh at Constitutionalism.

I don't know, my beliefs are really not driven by what others might think.

[Andrew-Austin]

I don't know, my beliefs are really not driven by what others might think.

That is cool, I'm the same. But if you favor influencing people's opinions more in the direction of your own, instead of turning them away from your views.... You would talk about how it only took 1.2+ trillion dollars, 1.5 million Muslim lives, and the lives of around 10k troops to kill bin Laden, and this worked out to his favor. You could mention how it would have been better to hunt him down using the Marquee and Reprisal method, and that we shouldn't have gotten distracted invading random countries and getting involved in their politics.

That has more than a snow ball's chance in hell of influencing people, in comparison to complaining that he does not have the legal authority to kill bin Laden. I mean is that even true? If it is, then people would just say oh well we should amend the law and make it legal, so what. It just sounds so stupid and petty, even to me, so I know non-libertarians would immediately burst out laughing.

[bill1971]

This was not some guy that was minding his own business or only hurting his own people, he was responsible for destroying the twin towers, attacking the pentagon plus the lives of over 3,000 people on American soil. If we can't get his legally there is a problem. Terrorists could plan whatever they wanted and then hide in another country and say "you cant get me, its againts the constitution". Well, they probably wouldnt say that, but you get the idea. The sad thing about it is that all the time and energy we wasted in Iraq as well as the cost of lives. I dont believe in occupying the mideast but I am very glad he is dead.