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In reply to the discussion: I'm a loyal member of the Democratic Party and I don't have a problem with Drones [View all]Jeff In Milwaukee
(13,992 posts)And I'm willing to be persuaded if someone has better information, is that in the Civil War, the Lincoln Administration never sought or received a declaration of war against the Confederacy because the Union did not recognize their legal existence. Lincoln's proclamation seeking volunteers for the United States Army in April 1861 merely states that the laws are not being enforced in those states (he names the ones that had seceeded at that time) and that the volunteers are need to restore order.
To my knowledge, none of the approximately 94,000 Confederate soldiers killed in action were ever charged with a crime, nor were they represented by an attorney or allowed to present evidence on their behalf before being executed by federal troops on a host of battlefields.
Unless there's a compelling reason to think otherwise, if you've renounced your country and are actively seeking its destruction by aligning with Al-Queda or any other hostile nation or force (the Confederacy was considered a "belligerent power" throughout the Civil War ), then you're no longer protected by the United States Constitution. It doesn't matter if you're wading ashore as part of a foreign invasion force or constructing IED's in a safe house in an American city.
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