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

Ryan P. Alford, Ave Maria School of Law

Abstract

In December 2010 (in Al-Aulaqi v. Obama) the District Court held that the President's decision to authorize the targeted killing of American citizen could not be reviewed in any court. The article discusses whether this decision is compatible with the vision of the rule of law embodied in the Constitution and the Bill of Rights, which is illuminated with an explanation of the historical analysis of the key influences on the Framers. It concludes that the Al-Aulaqi decision is a more significant threat to our constitutional order than the indefinite detention enjoined by Hamdi v. Rumsfeld, and accordingly this warrants a vigorous response from the legal profession.