Bill of Attainder for the Use of Military Force: Blank Checks Yield Imbalances in the Age of Targeted Killing

Abstract

Imagine for a moment that the Mexican government, in its effort to combat drug cartels, decides that the most efficient way of doing so is by using drone strikes; Mexico begins targeting and killing anyone whom its executive branch decides (based on undisclosed and, thus, uncontestable evidence) is trafficking drugs. Imagine now that those people being targeted in Mexico flee to Texas, and the Mexican government, without the permission or knowledge of the U.S., sends drones into Texan border towns. Imagine the hysteria: mass panic and destruction pervade as death rains from the skies of Laredo. Unfortunately, this is not a scene from the newest Orwellian thriller – this is present day. American drones crash to the ground in the mountains of Waziristan, Pakistan, while the citizens of Laredo, Texas continue their lives, otherwise unaffected.