But it was national security that put real distance between Scott Brown and Martha Coakley. “People talk about the potency of the health-care issue,” Brown’s top strategist, Eric Fehrnstrom, told National Review’s Robert Costa, “but from our own internal polling, the more potent issue here in Massachusetts was terrorism and the treatment of enemy combatants.”
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.
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.
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