Extraordinarily clear? Whole books have been written about the meaning of the two overlapping due process clauses in the Constitution. The Supreme Court has been defined by centuries-long conflicts between two wildly different schools of thought (subtantitive and procedural due process). Supreme Court justices have had to construct arguments over which amendments to the Constitution even incorporate the Bill of Rights over the states.
Every time you think that some power must obviously be invested in the judicial system, remember to run the sanity check: nobody elects the judicial system. They're accountable to nobody. The framers did not want our country governed by philosopher kings.
I don't think this leg of the conversation has much to do with the issue at hand --- if there's one thing the Constitution is extraordinarily clear about, it's that the Executive commands the military, and DOJ's reasoning regarding drone strikes depends on their military nature --- but I'm in the middle of _Democracy and Distrust_ right now, and maybe it gets clearer later in the book but the impression I get is that "Due Process" is anything but clear and simple.
Looks like a good book. An Amazon review mentions that Ely reasons one-man-one-vote as the fundamental guiding principal for apportionment. Have you read that part yet? I guess the Senate gets an exemption...
Every time you think that some power must obviously be invested in the judicial system, remember to run the sanity check: nobody elects the judicial system. They're accountable to nobody. The framers did not want our country governed by philosopher kings.
I don't think this leg of the conversation has much to do with the issue at hand --- if there's one thing the Constitution is extraordinarily clear about, it's that the Executive commands the military, and DOJ's reasoning regarding drone strikes depends on their military nature --- but I'm in the middle of _Democracy and Distrust_ right now, and maybe it gets clearer later in the book but the impression I get is that "Due Process" is anything but clear and simple.