Do Constitutional Rights Apply to American Terrorists?

I am quite sure that this post will generate very heated debate, but it should cause some very serious consideration. On Friday, American-born Yemeni cleric, Anwar Al-Alauqi, a very high-ranking al-Queda operative was killed in an unmanned drone attack. It was so questionable that the Justice Dept. formulated a special, secret memorandum to authorize the killing.

This summary assassination raises some very vital legal issues. According to the Fifth Amendment Due Process Clause to the U.S. Constitution, part of the first ten amendments referred to as the Bill of Rights: "No person shall be held to answer for a capital, or otherwise infamous crime, unless upon a presentment or indictment of a Grand Jury... nor be deprived of life, liberty, or property, without due process of law..." This simply means that at least, in its narrowest sense, that no American citizen can be summarily executed without at least a judicial court trial (It could also be argued that this applies to ALL who fall under American jurisdiction and not just citizens since this right is not qualified to apply only to "the people" but that is a subject for another discussion). There is an exception in "cases arising IN the land or naval forces, or in the Militia, when in actual service in time of War or public danger..."; however, Al-Alauqi was not a member of the armed services, and therefore, not subject to this exception. Even Section III of Article III which defines treason provides that "No Person shall be convicted Treason unless on the Testimony of two Witnesses to the same overt Act, or ON CONFESSION IN OPEN COURT."

I know that most of us would like to see taxpayer dollars saved for those heinous criminals of which there is no question of their guilt. However, I am not concerned with Al-Alaqui or his fate (legally speaking), but it is my concern about the precedent that is being set regarding the rights of EVERYONE ELSE. For instance, what if it becomes illegal for Christians to use hate speech toward homosexuals or to similarly declare that abortion, according to the Bible is wrong? Would we want Christians exercising their formerly unquestionable First Amendment rights to free speech and religion, and their duty unto God to take a stand against sin, being put in prison without a trial? Further, if one Constitutional right is not held sacrosanct, then neither are any other right or provision of the Constitution safe.

You say this was a terrorist acting in a foreign country and that the rights of law-abiding American citizens have nothing to fear? It was just last week that North Carolina Governor Beverly Perdue suggested that perhaps we should "suspend congressional elections" for 2012, and former Obama budget director Pete Orszag that perhaps the federal government should be governed by more "automatic policies and nonpoliticized commissions", so that we might defuse the gridlock so that our dire financial situation might be solved.