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View Diary: McCain hates Rand Paul's real filibuster (146 comments)

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  •  Not just the 5th Amendment (5+ / 0-)

    You don't even have to get to the Amendments - look at the damn original text, as drafted by the Sacred-When-It's-Convenient-Founding-Fathers:

    "Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court."

    I know people like to crap on Scalia, but anyway, here's the dissent he authored in Hamdi v. Rumsfeld, which Stevens joined:  

    "A view of the Constitution that gives the Executive authority to use military force rather than the force of law against citizens on American soil flies in the face of the mistrust that engendered these [Constitutional] provisions."

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