The government of the United States," wrote Chief Justice John Marshall in his famous decision in Marbury v. Madison, "has been emphatically termed a government of laws, and not of men." This principle - grounded in the Constitution, enforced by an independent judiciary - is central to the American creed. Citizens have rights, and fundamental to these is due process of the law. Yet last week Attorney General Eric Holder, speaking for the administration with an alarmingly casual nonchalance, traduced the whole notion of a nation of laws. First, the attorney general responded to Sen. Rand Paul's inquiry as to whether the president claimed the "power to authorize a lethal force, such as a drone strike, against a U.S. citizen on U.S. soil and without trial." Holder wrote that, speaking hypothetically, it is "possible to imagine" an extraordinary circumstance in which that power might become "necessary and appropriate." In response to the growing furor, Holder sent Paul another letter, stating clearly that the president has no authority to use a "weaponized drone" against an American in the United States who is "not engaged in combat." But that, of course, only underscores the issue. The country is waging a war on terrorism that admits no boundary and no end. Now Holder is saying that the president has the authority to kill Americans in the United States if they are "engaged in combat." No hearing, no review, no due process of law.
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