under their thinking, basically, once the government says you're a terrorist, you're a terrorist. >> reporter: the amendment by congressman smith and republican justin amash failed 238-182. opponents argue it would weaken national security, it would too easy on terrorists. the house did pass an amendment from louie gohmert that says terror suspects legally in the u.s. cannot have their constitutional rights reduced. jenna: mike, this came as the house is working on the defense budget for next year as well, so how did these two things come together, and what should we know about that? >> reporter: well, it's a $642 billion defense budget including money for the war in afghanistan, weapons, ships, aircraft and more. there was some debate about whether the bill should be even leaner considering the nation's debt and deficit problems, but the chairman of the house armed services committee has warned fat in the defense budget is gone and is worried about cutting into the muscle. >> you know, mr. chairman, if we