Gavel Grab

Denniston: Targeted Killings Court Likely Unconstitutional

At the National Constitution Center, longtime legal journalist Lyle Denniston poses the question, “Would a ‘drone court’ be unconstitutional?”

Denniston sets out to tackle the question in the “Constitution Check” column, given a debate in recent days (see Gavel Grab) over the idea of establishing a special federal court to review government targeted killings of U.S. citizen terror suspects overseas. He examines the Constitution, the concept of separation and powers, and precedent and leans heavily toward an opinion that such a court would not be constitutional:

“No matter how eagerly some policymakers want to put some legal restraints on the Obama administration’s policy of targeted killing by drones in waging war on terrorism, it is a near-certainty that the idea of handing to a civilian court the power to decide who could be killed, and when, would not withstand constitutional scrutiny.

“It would turn judges into functioning adjuncts to the president’s ‘war cabinet,’ and give them a veto power over a policy that, however audacious or questionable, is still a part of the process of waging war.”

No comments

No comments yet. Be the first.

Leave a reply