'The Laws of War Are the Rule of Law'

Always worth reading, Andy McCarthy manages to comment on Scott Brown, George Bush, McCain, and the rule of law, in a lot fewer words than I can: (“It’s the Enemy, Stupid”)

Scott Brown went out and made the case for enhanced interrogation, for denying terrorists the rights of criminal defendants, for detaining them without trial, and for trying them by military commission. It worked. It will work for other candidates willing to get out of their Beltway bubbles.

Yes, the Left will say you are making a mockery of our commitment to “the rule of law.” MSNBC will run segments on your dark conspiracies to “shred the privacy rights of Americans.” The New York Times will wail that you’re heedless of the damage you’ll do to “America’s reputation in the international community.”

The answer is: So what? The people making these claims don’t speak for Americans — they speak at Americans, in ever shrinking amounts. If you’re going to cower from a fight with them, we don’t need you. Get us a Scott Brown who’ll take them on in their own backyard. And he’ll take them on with confidence because he knows their contentions are frivolous — and he knows that Americans know this, too.

The laws of war are the rule of law. They are not a suspension of the Constitution. They are the Constitution operating in wartime. The Framers understood that there would be wars against enemies of the United States — it is stated explicitly in the Constitution’s treason clause (Art. III, Sec. 3). The American people understand that we have enemies, even if Washington sees them as political “engagement” partners waiting to happen. Americans also grasp that war is a political and military challenge that the nation has to win, not a judicial proceeding in which your enemies are presumed innocent. The rule of law is not and has never been the rule of lawyers — especially lawyers we can’t vote out of office when they say we must let trained terrorists move in next door.