In sum, the original meaning of the due process clause is that the President cannot unilaterally kill U.S. citizens he thinks are potentially dangerous. Perhaps there are examples of historical practice that suggest an exception applicable to the present case (as there are obvious historical exceptions on the battlefield and for prevention of imminent harm). But the burden should be on those who want an exception to the text, and that burden shouldn't be met merely by the claim that it would be more convenient to have such an exception.
|