The problem is who makes that judgement. In monarchies, Kings can and do. In republics we use other means. It is not like this is an exigent circumstance. I am all for killing jihadis, kill’em all as Cody said. But I would be more comfortable with a check on this power.
Who makes that judgment? Under our Constitution, judgments in military operations are made by the Commander-in-Chief. That’s why it’s important who is elected as Commander-in-Chief.
When Truman decided to destroy two entire Japanese cities with atomic weapons, he did not have to consult with Congress or ask the permission of a judge. It was a military operation, and therefore was his judgment to make.
Killing al-Qaeda leaders overseas by a bomb from an aircraft is a military operation.
In the case of an al-Qaeda member found in an area under control of our country such as an apartment in Queens, then we don’t need to make a military strike against him, but nevertheless as a member of a foreign army who has taken up arms, he would be subject to the jurisdiction of military tribunals.