May 13, 2013
David G. Savage:
Church-state, literally? Supreme Court weighing public school graduation in a church
May 10, 2013
Rabbi Berel Wein: Be all that you should be
May 8, 2013
Peter Ford: Why China is welcoming both Israel's Netanyahu and Palestinians' Abbas
Obama administration quietly backs out of appeal over new contraceptive mandate
At Kerry-Putin meeting, US-Russia relations thaw --- a tad
The Kosher Gourmet by Leela Cyd Ross :
Almost too pretty to eat, this colorful salad with Sicilian inspiration will tickle the taste buds and delight your visual sensibility
May 6, 2013
May 3, 2013
Kids, kittens the Same?
With employee perks at struggling Internet pioneer Yahoo! it's hard to tell
Artificial kidney offers hope to patients tethered to a dialysis machine
April 29, 2013
Poland's new Jewish museum celebrates life, doesn't revisit Holocaust
Terrorism in America: Is US missing a chance to learn from failed plots?
Boston Bomber's 'Svengali' Revealed
Tiny satellites + cellphones = cheaper 'eyes in the sky' for NASA
April 26, 2013
Clifford D. May:
Defense in the Age of Jihadist Terrorism
Sharon Palmer, R.D.:
How to feel your best -- with plenty of energy, a healthy weight and optimal mental and physical function -- without driving yourself batty
April 24, 2013
Admit it: No one has any idea what's going on
April 22, 2013
US man departing country arrested on terror charges
An unorthodox but growing treatment in a 9-year-old's battle against cancer
April 19, 2013
Caroline B. Glick:
Why Obama's visit to Israel had no impact on public opinion or government policy
Gold collapse: The start of something big?
Livable super-Earths? Two candidates among Kepler's latest finds
April 17, 2013
Too much of a good thing? 'Palestinians' realize downside of foreign aid boom
BAD NEWS: EVERYONE IS RIGHT!
April 15, 2013
Egyptian Christians respond with harsh words to attack -- rocks, Molotov cocktails, and gunfire -- against main cathedral
Marcy Darnovsky and Karuna Jaggar:
High Court to decide if you should own your DNA
US bracing for more Russian blowback after taking action against 18 more human rights violators
April 12, 2013
New cybersecurity bill: Privacy threat or crucial band-aid?
Jewz in the Newz by Nate Bloom:
The Kosher Gourmet by Susan Russo:
Jackie Robinson's Friend, Hank Greenberg; CNN's Jake Tapper; Texas County in the News is named for 19thC. Jewish soldier and Congressman
FRUITY QUINOA STUFFED PEPPERS: A flavorful, colorful and edible vessel of delicately fluffy, mildly nutty filling combined with chewy apricots, tangy cherries, and crunchy pistachios
April 10, 2013
North Korean missiles: Could US shoot them down?
Warning: Don't waste your capital being fooled by profit prophets
Donald Hensrud, M.D.:
Mayo Clinic Medical Edge: Take vitamin supplements with caution --- even approved, they may actually do damage
74 DNA discoveries move cure closer for three cancers
April 8, 2013
Jonathan Tobin: What Part of No Preconditions Do American Jews Not Get?
Is Putin finally trading his own party for a new power base?
Jewish World Review
May 3, 2012/ 11 Iyar, 5772
The President's Private War
Judge Andrew P. Napolitano
Did you know that the United States government is using drones to kill innocent people in Pakistan? Did you know that the Pakistani government has asked President Obama to stop it and he won't? Did you know that Pakistan is a sovereign country that has nuclear weapons and is an American ally ?
Last week, the Obama administration not only acknowledged the use of the drones; it also revealed that it has plans to increase the frequency and ferocity of the attacks. White House counterterrorism adviser John O. Brennan argued that these attacks are "in full accordance with the law" and are not likely to be stopped anytime soon.
Brennan declined to say how many people were killed or just where the killings took place or who is doing it. But we know that Obama has a morbid fascination with his plastic killing machines, and we know that these machines are among the favored tools of the CIA. We also know that if the president had been using the military to do this, he'd be legally compelled to reveal it to Congress and eventually to seek permission.
We know about the need to tell Congress and ask for permission because of the War Powers Act. This law, enacted in 1973 over President Nixon's veto, permits the president to use the military for 90 days before telling Congress and for 180 days before he needs congressional authorization. Obama must believe that he can bypass this law by using civilian CIA agents, rather than uniformed military, to do his killing.
The Constitution limits the presidential use of war powers to those necessary for an immediate defense of the United States or those exercised pursuant to a valid congressional declaration of war. In this case of Pakistan, the president has neither. And international law prohibits entering a sovereign country without its consent. But Brennan argued that the Authorization for Use of Military Force (AUMF), which Congress enacted in 2001 in the aftermath of 9/11 to enable President Bush to pursue the perpetrators of 9/11, is essentially carte blanche for any president to kill whomever he wants, and that the use of drones, rather than the military or rather than arresting those the government believes have conspired to harm us, is a "surgical" technique that safeguards the innocent.
|RECEIVE LIBERTY LOVING COLUMNISTS IN YOUR INBOX … FOR FREE!|
Every weekday NewsAndOpinion.com publishes what many in the media and Washington consider "must-reading". HUNDREDS of columnists and cartoonists regularly appear. Sign up for the daily update. It's free. Just click here.
Attorney General Eric Holder made a similar unconstitutional argument a few months ago when he stated in defense of the president's using drones to kill Americans in Yemen that the AUMF, plus the careful consideration that the White House gives to the dimensions of each killing and the culpability of each person killed, somehow satisfied the Constitution's requirements for due process.
What monstrous nonsense all this is. These killings 10,000 miles from here hardly constitute self-defense and are not in pursuit of a declaration of war. So, what has Congress done about this? Nothing. And what have the courts done about this? Nothing.
Prior to the president's ordering the killing of the New Mexico-born and unindicted and uncharged Anwar al-Awlaki, al-Awlaki's American father sued the president in federal district court and asked a judge to prevent the president from murdering his son in Yemen. After the judge dismissed the case, a CIA-fired drone killed al-Awlaki and his American companion and his 16-year-old American son.
In his three-plus years in office, Obama has launched 254 drones toward persons in Pakistan, and they collectively have killed 1,277 persons there. The New America Foundation, a Washington think tank that monitors the presidential use of drones in Pakistan, estimates that between 11 and 17 percent of the drone victims are innocent Pakistani civilians. So much for Brennan's surgical strikes. So much for Holder's due process.
The president is waging a private war against private persons — even Americans — whose deaths he obviously believes will keep America safe. But he is doing so without congressional authorization, in violation of the Constitution, and in a manner that jeopardizes our freedom.
Who will keep us safe from a president who wants to use drones here? How long will it be before local American governments — 313 of which already possess drones — use them to kill here because they are surgical and a substitute for due process? Can you imagine the outcry if Cuba or China launched drones at their dissidents in Florida or California and used Obama's behavior in Pakistan as a justification?
How long will it be before even the semblance of our Constitution is gone?
Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.
Your comments are appreciated. Please send them by clicking here.
Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the Senior Judicial Analyst at Fox News Channel and anchor of "FreedomWatch" on Fox Business Network.
• 04/26/12 Rick Perry Was Correct
• 04/19/12 A Government of Waste
• 04/12/12 What If the Government Rejects the Constitution?
• 03/29/12 Can the Government Force You To Eat Broccoli?
• 03/22/12 Is the CIA in Your Kitchen?
• 03/15/12 Can the Secret Service Tell You To Shut Up?
• 03/08/12 Can the President Kill You?
• 02/23/12 What If Democracy Is Bunk?
• 02/16/12 Time To Tame the Federal Beast
• 02/09/12 Do Catholics Have Too Many Babies?
• 02/02/12 What Is a Just War?
• 01/25/12 A Few Words About Abortion
• 01/20/12 How Much Economic Freedom Do We Have in the United States?
• 01/12/12 What If Elections Don't Matter?
• 01/05/12 Big Government Cannot Pay Its Bills, Again
• 12/29/11 The Case for Austerity
• 12/22/11 New Ideas or Fidelity to Old Principles?
• 12/15/11 The Government as Lawbreaker, Again
• 12/08/11 What if our rights didn't come from the Almighty or from our humanity, but from the government?
• 12/01/11 Can Congress Steal Your Constitutional Freedoms?
• 11/24/11 What if the Constitution No Longer Applied?
• 11/17/11 Congress and Secrecy
• 11/10/11 Does the Government Work for Us, or Do We Work for the Government?
• 11/03/11 Look at What the Government Has Done with Your Money
• 10/27/11 What Have the Wars Done for You?
• 10/20/11 Is Freedom in America a Myth or a Reality?
© 2012, ANDREW P. NAPOLITANO
DISTRIBUTED BY CREATORS SYNDICATE
Richard Z. Chesnoff
Frank J. Gaffney
Victor Davis Hanson
A. Barton Hinkle
Judge A. Napolitano
Cokie & Steve Roberts
Debra J. Saunders
J. D. Crowe
Ask Doctor K