If the Constitution is to have any relevance, and if America is to remain a free society, then there is really no alternative: there must be a bill of impeachment drawn up and submitted in the House, and there must at least be a hearing on that bill in the House Judiciary Committee.
The disclosure, by NBC, of a so-called “white paper” by the White House offering the legal justification for the executing of American citizens solely on the authority of the executive branch and the president exposes a White House so blatantly in violation of the Constitution that it simply demands such a hearing.
As Juan Cole explains clearly in an essay in Informed Comment, there are five ways that the white paper authorizing executive execution of Americans violates the Constitution. These, he explains, are:
* There has to be an actual crime for there to be a punishment, and this paper authorizes execution without any crime.
* If, as the letter suggests, the president’s authority to order executions without trial derives from the 2001 Authorization for Use of Military Force (AUMF) passed by the Congress, that would constitute a so-called bill of attainder, which he explains is a declaration that a certain person or class of people (i.e. terrorists in this case) are prima facie guilty of a crime. But as he notes, the Constitution specifically outlaws bills of attainder, saying in Article 1, Section 9, “No Bill of Attainder or ex post facto Law will be passed…”
* The letter violates the separation of powers, according the president the powers of executive, legislature and judiciary.
Killer drones, coming soon to a country near you…