Sometimes yes, it is outside the "gray area". Sometimes it's clear as day.
More often, it's not that clear. That's the whole point of our legal system - that's why we have trials, and lawyers, and juries - because it's very rarely clear.
As to your hypothetical, I would demand they stop approaching, and shoot them if they took another step.
Now here's a hypothetical for you: What would you do if a friend of yours was arrested in the middle of the night, held without charges or a trial, and no one would tell you why, or show you the evidence, or anything.
What if it happened to your spouse or child?
What if it happened to you?
The stop or shoot command with that specific follow through COULD get you killing an American, you treasonous ****. Can't take chances like that. MUST give him the benefit of American juridical protections! I mean, it's not like war and the legal system or separate and distinct or anything.
If I got arrested and held without charge or trial, and held without access to a lawyer or bail, I'd be -- incarcerated with no particular way of doing much about it.
And if they (you know who "they are) did such a thing to a member of my family, the question "what would I do?" is a silly question. Presumably, I'd be all pissed-off, but I don't know what anybody COULD do.
If your point is that a rouge government is a danger, congratulations. But we ALL already know that. That's why we HAVE a Constitution to LIMIT government. Nevertheless, it is one thing to assure the right to a trial by a jury of one's peers in a criminal setting BUT ANOTHER THING ENTIRELY to claim that the Constitution assures such a right to a combatant against us in time of war, on the other hand.
Any coherent arguments you wish to offer?
you are mentioning coherency after your presentation?
you practically conceded.
Yes. Indeed. That was me mentioning "coherency" to an incoherent asshat.
And I DID address that topic after my own presentation.
You got that whole temporal thing goin' ON, mah brutha!
But, no. I did not practically concede anything EXCEPT, perhaps, a minor quibbling point.
I do concede that there are grey (gray) areas. I never said, suggested or implied otherwise.
That doesn't make the policy articulated by the President's lawyers any less valid. For, if you'd take off your tin-foil blinders for a second, you MIGHT see that neither those lawyers NOR the President (not even THIS President) have said that the willingness to view American enemy combatants AS enemy combatants entails -- in all cases -- the unilateral proposition that all who are suspected of being enemy combatants will be determined to BE enemy combatants.
Your general knee-jerk reaction AGAINST the expression of ANY power or authority by the government is a demonstration of your flawed thinking.
I'll say it again. It's like a theme.
I AGREE that the government should be closely monitored. There is, as a general rule, very poor reason to simply "trust" that the government is "right" or is even trying in all cases to be "right."
This is why we have a government of LIMITED authority and why we have a Constitutional Republic that sets up a VARIETY of checks and balances against governmental excesses.
Even so, however, when we set this whole thing up, we did not then intend to create a Eunuch. While we have a generally sound principled basis to proceed with caution and a degree of mistrust of government, and the historical antecedents favor such skepticism, NEVERTHELESS we did not elect to proceed by crafting a government that is incapable of DOING the very things we WANT governments to do.
It could be a ******* dangerous thing to have a government capable of usurping our personal rights and protections at whim without check. It would also be a ******* dangerous thing to have a government so fully restricted, stymied, hand-cuffed and hampered that it couldn't perform the basic DUTIES we created it to DO. The phrase "checks and BALANCES" does not end with the word CHECK.