President Trump said on Tuesday that in addition to the airstrikes on Venezuelan boats suspected of trafficking drugs to the United States, the U.S. military would begin hitting targets on land. Not only are all these strikes unconstitutional by any construction, but they are also unprovoked acts of war against a country that poses no threat to the United States.

Since September, the administration has carried out at least twenty-one attacks on civilian vessels in the Caribbean, resulting in eighty-three deaths. Not one of those killed by American forces was charged with a crime in any court, much less convicted at trial. This behavior wouldn’t pass muster under Magna Carta, written by barbarians by our standards today, much less the Fifth Amendment of the U.S. Constitution.

This doesn’t require any fanciful 20^th-century reading of the Bill of Rights, like the one that produced Roe v. Wade. That this is impermissible is firmly rooted in constitutional interpretation dating to the man who wrote the Constitution and Bill of Rights himself.

There were several reasons for the War of 1812, not all of them legitimate. A certain faction among the war hawks of the day just wanted to steal Canada from the British empire. But foremost among the legitimate grievances cited by James Madison in asking Congress for a declaration of war, and frankly the only one most people remember, was the impressment of sailors on American ships into service in the British Navy.

It is important to understand the complaint was not against returning true deserters from the British Navy to Great Britain. As Madison said in his address, “And that no proof might be wanting of their conciliatory dispositions, and no pretext left for a continuance of the practice, the British Government was formally assured of the readiness of the United States to enter into arrangements, such as could not be rejected, if the recovery of British subjects were real and sole object.”

The problem the Madison administration had was that, in addition to disrespectfully boarding American ships by force, the British “so far from affecting British subjects alone, that under the pretext of searching for these, thousands of American Citizens, under the safeguard of public law, and of their national flag, have been torn from their country and from everything dear to them.”

That’s the whole point of due process. The government not only has to prove a crime was committed, but that they have indeed arrested the right person, which they frequently haven’t. This is why the mobbish retort, “narco-terrorists don’t deserve due process” is so counterintuitive. Without it, we don’t even know if the government has even arrested the person they believe they have, much less whether this person committed a crime.

The founders risked surrendering their independence from Great Britain over this principle. Now, Trump supporters dismiss it with the wave of a hand.
 

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Tom Mullen is the author of It’s the Fed, Stupid and Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty, and the Pursuit of Happiness? 

 Tom