On the recordNovember 30, 2011
I want one quick moment to respond and then I will propound a unanimous consent request. We couldn't change the Constitution here if we wanted to, and nobody does want to. And that includes the right of habeas corpus. All the constitutional rights which the Senator from Illinois talked about are constitutional rights. They are there. They are guaranteed. They couldn't be changed by the Congress if we wanted to, and I hope nobody wants to change those rights. But what the Senator ignores, and what has been ignored generally here, is that there is another path, and the Supreme Court has approved this path so that if any American citizen joins a foreign army in attacking us, that person may be treated as an enemy combatant. That is not me speaking. That is the Supreme Court in Hamdi. There is no bar to this Nation's holding one of its own citizens as an enemy combatant. If you join an army and attack us, you can be treated as an enemy combatant. The Supreme Court has said so more than once. My unanimous consent request is the following: that the Senator from California be recognized first for whatever comments she wishes to make, then the senior Senator from Illinois be recognized to speak on whatever subject he wishes--on the amendment of the Senator from California or whatever--and then Senator Merkley's amendment be in order to be called up by Senator Merkley. The PRESIDING OFFICER. Is there objection? Without objection, it is so ordered.…





