Expert: John Fuller - 3/26/2010

Question
QUESTION: A political science professor in college once said that, when one consents to be a citizen of this country, one grants this country the right to take one's life.  Is this a valid statement?

ANSWER: Richard,

If you are a citizen or become a citizen of the United States, you are bound by the established laws of the United States.  I believe you may be referring to capital punishment that is allowed in some states but rarely used in most.  It would be the same in any other country that if you become a citizen, you are under their laws.  The country itself would not take a life but the laws of the state that allows capital punishment after a jury finds a guilty verdict for a crime that has capital punishment associated with it, will.

If you have a follow on question, please feel free to ask.

John

---------- FOLLOW-UP ----------

QUESTION: Does the federal government have the implicit "right" to take a citizens life for treason or the Oklahoma City bombing or the like.

Answer
Richard,

The implicit right that you are asking about in my opinion would come from the laws that allow such punishment to be considered for heinous crimes.  The Federal Government per se does not have an implicit right but the law would allow prosecutors to present a case which allows capital punishment to a jury who could then consider and find a defendant guilty in which the punishment would be capital punishment.  Treason is one of the crimes that would allow federal prosecution for the death penalty.  Otherwise, Timotny McVey would not have had that punishment administered.  
John