On the recordNovember 30, 2011
That is correct. Mr. McCAIN. Is it not true that according to that decision, the U.S. Supreme Court, whom we ask to interpret the Constitution of the United States--they have made many interpretations over the years--says there is no bar to this Nation's holding one of its own citizens as an enemy combatant. Now, one would think to the casual observer that is exactly what the U.S. Supreme Court meant. It is fairly plain language, not really complicated. I am not a lawyer, but how the Senator from Illinois, quoting from inalienable rights, can somehow totally disregard in every way what the U.S. Supreme Court says--they go on to say we hold that ``citizens who associate themselves with the military arm of the enemy government''--and I believe, in the view of most, they would view that as a member of al-Qaida, which this legislation specifically addresses. We hold that ``citizens who associate themselves with the military arm of the enemy government and with its aid, guidance and direction,'' which is exactly, basically, the language of our legislation, ``aid, guidance and direction enter this country,'' enter this country, ``bent on hostile acts are enemy belligerents within the meaning of the law of war.'' How can anything be more clear to the Senator from Illinois? I mean, it is beyond belief. It is beyond belief. They then go on and talk about the Civil War, the U.S. Supreme Court does. They talk about the Civil War.…





