Abstract

http://ssrn.com/abstract=1780584
 
 

Footnotes (215)



 


 



The Rule of Law at the Crossroads: Consequences of Targeted Killing of Citizens


Ryan Patrick Alford


University of Victoria Faculty of Law; Ave Maria School of Law

March 7, 2011

2011 Utah L. Rev. 1203

Abstract:     
The article explains why the targeted killing of American citizens is unconstitutional under the Bill of Attainder Clause, which prohibits not only legislative acts marking out citizens for death but also executive death warrants. Understanding the meaning of the Bill of Attainder Clause requires a return to the context of the Framing, since no lethal bill of attainder -- until 2010 -- had been passed in the nation's history. Careful analysis of English constitutional history demonstrates that executive attainder was anathema to the Framers. The Founding Fathers' connection to a constitutional tradition hostile to executive emergency powers illustrates that the Bill of Attainder Clause bars both executive and legislative attainder, and accordingly that the killing of American citizens in Yemen breaks with a seven hundred year-old constitutional norm.

Number of Pages in PDF File: 71

Keywords: Targeted Killing, Al-Awlaki, Attainder, Constitutionalism, Rule of Law, Bill of Rights, Treason, Due Process

JEL Classification: K33, K42

Accepted Paper Series


Download This Paper

Date posted: March 8, 2011 ; Last revised: July 27, 2012

Suggested Citation

Alford, Ryan Patrick, The Rule of Law at the Crossroads: Consequences of Targeted Killing of Citizens (March 7, 2011). 2011 Utah L. Rev. 1203. Available at SSRN: http://ssrn.com/abstract=1780584

Contact Information

Ryan Patrick Alford (Contact Author)
University of Victoria Faculty of Law ( email )
PO Box 2300, STN CSC
McGill at Ring Rds (Fraser Bldg)
Victoria, British Columbia V8W 3B1
Canada

Ave Maria School of Law ( email )
1025 Commons Circle
Naples, FL 34119
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,690
Downloads: 300
Download Rank: 54,659
Footnotes:  215

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.703 seconds