COngress would do what he suggests by passing laws that would make it more clear. Or they could simply declare war on AQ and her allies. That would certainly be novel, but they would instantly become POWs to be held without trial until hostilities cease.
This does nothing to sidestep the SCOTUS. If the law they passed didn't pass muster, it would be struck down.
It's not like he's saying they should ignore the SCOTUS, just do what it is in their power to do, then the ball goes into the SCOTUS court.
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