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If you're talking about the Fifth Amendment exclusion for militia and military during actual time of war, I would say it's typically been interpreted to mean that in cases of actual danger to the Republic the niceties regarding military trial for Americans needn't be observed for those serving in our military. Probably because I don't think the Founders envisioned the possibility that we would be able to target specific individuals on a battlefield. And in that event, clearly they didn't think the Fifth applied to those facing US forces.

So ... you're in front of the business end of an American GI's weapon, you're dead.

And actually, I have no problem with that. If these two scumbags had been killed as part of a larger action, or a pursuit; again, no problem.

What I have a problem with is the President issuing a kill order for an American citizen: not because I care about this piece of crap, but for my own sake.

Now, somebody on this thread has pointed out that according to the US Code, serving in a foreign military is de facto renunciation of one's citizenship... OK, I can also accept that, I guess, but the problem we come back to is -- who gets to decide? Does Barack 0bama get to decide that members, posters, or financial contributors to FRee Republic have de facto renounced their American citizenship?

You think it's far-fetched. Yes, it is today. By scraping these little bits of our liberty off when does it not get to be far fetched? Under what pretext does it not get to be far fetched?

I think if you will look at the history of Bill Ayers, Bernadine Dohrn, Van Jones, Jeremiah Wright, ... and about half of every poster at DU/Kos/HuffPo we would be herded into boxcars if they had their way -- and we did not have a 2nd Amendment. Do I need to point out that these are all friends and supporters of the current President of the United States?

Are things serious enough when thousands of loyal Japanese (and a handful of German) Americans are deprived of liberty without due process? It's happened. When a President of the United States (Woodrow Wilson) makes criticism of his war policy a seditious crime?

"The Constitution of the United States is not a suicide pact." Wise words. It's also not a technicality or a dead piece of paper.