Fend­ing off ISIS and Shariah

The Con­sti­tu­tion al­lows for a le­gal bar­rier

The Washington Times Daily - - COMMENTARY - By R. Em­mett Tyrrell Jr. R. Em­mett Tyrrell Jr. is ed­i­tor in chief of The Amer­i­can Spec­ta­tor. He is au­thor of “The Death of Lib­er­al­ism,” pub­lished by Thomas Nel­son Inc.

Do I de­tect a note of des­per­a­tion in how some of my fel­low Amer­i­cans dis­cuss how to treat ter­ror­ism, specif­i­cally the Is­lamic State, or ISIS? ISIS has grown from a small group of brutes back in President Obama’s time com­mit­ting var­i­ous heinous crimes into a small army con­sist­ing of a few thou­sand, per­haps tens of thou­sands com­mit­ting heinous crimes. ISIS and its soli­tary agents in Europe and Amer­ica driv­ing ve­hi­cles onto side­walks and en­gag­ing in wan­ton may­hem have killed many in­no­cent peo­ple. There seems to be no way to deal with them — at least to some Amer­i­cans.

Well, as re­gards the ISIS army in Syria and in Iraq, I do not see that there is any­thing to worry about. The fe­lic­i­tously nick­named Sec­re­tary of De­fense “Mad Dog” Mat­tis is now deal­ing with ISIS ex­pe­di­tiously, and my guess is he will have paci­fied them in due course. But ISIS’ fel­low trav­el­ers, so to speak, act­ing alone or in small cells in Europe and Amer­ica, are go­ing to be trick­ier to deal with. The more so in the fu­ture, for as some Mid­dle Eastern ex­perts say, the de­feated rem­nants of ISIS are qui­etly in­fil­trat­ing the sea of im­mi­grants head­ing for Europe and Amer­ica. Once safe and se­cure in Mus­lim com­mu­ni­ties here and in Europe they are go­ing to re­new their grisly busi­ness.

In Amer­ica they can re­new their calls for Shariah law to sup­plant the Con­sti­tu­tion in those places where they are the ma­jor­ity. The more egre­gious pro­po­nents of ji­had can re­new their vi­o­lent acts, though on a lesser scale than they did in the Mid­dle East. Some of the more em­bold­ened Mus­lims al­ready have called for the in­sti­tu­tion of Shariah law, and our left-wing friends do not seem to know what to do with them. They seem to for­get that we set­tled the ques­tion of the pri­macy of the Con­sti­tu­tion in our law by fight­ing a great war in the 1860s. We called it the Civil War (though some called it the War Be­tween the States), and not many took is­sue with that war once it was over. John Wilkes Booth was the ex­cep­tion and he ended badly.

Well, the Con­sti­tu­tion is still in place, and of all the laws that it has en­gen­dered, one stands out as po­ten­tially very use­ful in deal­ing with Shariah, ji­hadis and ISIS in gen­eral. That would be 68 Stat. 775,50 U.S.C. 841844, com­monly re­ferred to as the Com­mu­nist Con­trol Act of 1954. Cre­ated after World War II, it was adopted for deal­ing with the sub­ver­sive ac­tiv­i­ties of Amer­i­can com­mu­nists. It was signed into law by President Dwight Eisen­hower on Aug. 24, 1954, and it has never been found un­con­sti­tu­tional. It is still there wait­ing to be used. With cer­tain cos­metic changes — for in­stance, strike out the word “com­mu­nist,” re­place it with the word “ISIS,” add where nec­es­sary Shariah and ji­hadi — the Com­mu­nist Con­trol Act could be re­lied upon to ex­pand the com­mon­weal and pre­serve the safety of all Amer­i­cans. It might ac­tu­ally stop the car­ri­ers of the ISIS can­cer be­fore they en­tered Amer­ica.

Writ­ten with due care for civil lib­er­ties, the law could be used to pros­e­cute and im­prison any­one claim­ing to be a mem­ber of ISIS or any ji­hadi group. The same holds true for those who be­lieve that Shariah law should re­place the Con­sti­tu­tion, say in neigh­bor­hoods near Detroit, Mich., and St. Paul, Minn., where they are in a ma­jor­ity. As men­tioned ear­lier, Amer­i­cans fought a bloody civil war against those who wanted to break off from Amer­ica and be free of the mild re­straints of the Con­sti­tu­tion. There is no rea­son that we should now en­dure a group of ci­ti­zens — some re­cently ar­rived, I might add — all in­sist­ing on Shariah law in their neigh­bor­hood, and gen­i­tal mu­ti­la­tion and mul­ti­ple wives and all the ret­ro­grade cus­toms that go with Shariah. If the Con­sti­tu­tion and the Bill of Rights is not to their lik­ing, they should not have come here in the first place. They are free to leave. But if they run athwart the 2017 Ji­hadi Con­trol Act, the doors of an Amer­i­can prison awaits them.

Amer­ica is a free­domlov­ing coun­try. There is no rea­son we have to en­dure the bar­barism of peo­ple who live in a Dark Age. We have dealt suc­cess­fully with peo­ple who wanted to drag us into to­tal­i­tar­i­an­ism, the com­mu­nists. We can deal with peo­ple who wish to drag us back to the 7th century. Be of good cheer, my fel­low Amer­i­cans. Laws that can en­sure our free­dom are on the books. All they need is a lit­tle tweak­ing.

ILLUSTRATION BY HUNTER

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