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.
As for privacy, Americans are not as self-absorbed as ACLU staffers–who, by the way, reserve the right to search your bags before you enter their offices. If you fret about privacy, it’s Obamacare that ought to give you sleepless nights. The lefties who’ve told us for nearly 40 years since Roe v. Wade that the government can’t come between you and your doctor are now saying you shouldn’t be able to get to a doctor except through the government, which will decide if you’re worth treating–that is an invasion of privacy. Penetrating enemy communications, on the other hand, is what Americans think of as self-defense. It’s what we’ve done in every war in our history. It’s what common sense says we must do to win. And when America goes to war, Americans want to win.
And our reputation in the international community? Reputation with whom? Sharia states where they stone adulterers, brutalize homosexuals, and kill their own daughters in the name of honor? Rogue regimes where exhibitions of American weakness are taken as license to mutilate? Euro-nannies who rely on us for protection because they’re without the will and the resources to do the job themselves? They ought to worry about their own reputations. In the United States, only the blame-America-first crowd gives an Obama-dollar what they think. That crowd does not include about 80 percent of Americans who look around at their country, look at the teeming masses trying to get into it, and figure this is a pretty good place after all.