Publication Date
Spring 2014
School
Helms School of Government
Major
Government: Politics and Policy
Keywords
targeted killing, drone strikes, unmanned aerial vehicles, due process, Constitution, United States
Disciplines
Constitutional Law | Courts | Criminal Procedure | Legal History | Military, War, and Peace | National Security Law | President/Executive Department | Rule of Law
Recommended Citation
Febrizio, Mark, "Targeted Killing: United States Policy, Constitional Law, and Due Process" (2014). Senior Honors Theses. 412.
https://digitalcommons.liberty.edu/honors/412
Abstract
The increased incorporation of targeted killing, primarily through the use of unmanned aerial vehicles, into United States policy raises salient questions regarding its consistency with the U.S. Constitution. This paper contrasts interpretations of constitutional due process with the current legal framework for conducting targeted killing operations. The Fifth Amendment to the Constitution establishes the due process owed to U.S. citizens. This paper determines that the killing of Anwar al-Awlaki, an American citizen, was accomplished in a manner inconsistent with constitutional due process and demonstrates an over-extension of executive branch power. This paper examines one scholarly recommendation that seeks to increase the accountability of the executive and increase the level of due process afforded citizens in the context of targeted killing.
Included in
Constitutional Law Commons, Courts Commons, Criminal Procedure Commons, Legal History Commons, Military, War, and Peace Commons, National Security Law Commons, President/Executive Department Commons, Rule of Law Commons
