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Religious Establishment Disclaimer

Reader comment on item: A White House Initiative to Defeat Radical Islam

Submitted by Robert (United States), Feb 21, 2017 at 02:33

I can anticipate screams of religious prosecution against Muslims.

How to avoid that is my question ?

Arguably the most important case involving Religious Liberty
which reached the Supreme Court of the US
is Reynolds v. United States, 98 U.S. (8 Otto.) 145 (1878).
This case held that religious duty was not a defense to a criminal indictment.
Accordingly, the President may examine whether or not
there are any criminal activities under the color of religious duty.
In the case above the plaintiff maintained that he had a religious duty to marry more that one wife,
which violated the anti-bigamy provision of the Morrill Anti-Bigamy Act.
Plaintiff George Reynolds was a member of The Church of Jesus Christ of Latter-day Saints (aka Mormon). He had married Amelia Jane Schofield while still married to Mary Ann Tuddenham in Utah Territory. He was a notable in the church, a secretary to Brigham Young, and subjected himself to test the federal statute to outlaw polygamy. His prior conviction had been overturned on technical grounds.

This case is important because it arguably is a precedent to the right of the government to prohibit criminal conduct under the color of Religion.

It may be necessary, in my view, to begin with an empirical finding
that there have been, and continue to be, criminal acts and activities
under the banner of Religious duty,
and that the particular religion under which such criminal acts and activities,
was, and continues to be, Islam.

This is not an attempt to disparage Islam as a Religion;
but to establish that criminal acts and activities
have in fact occurred in the name of Islam.
That would be the grounds for Profiling Islamist acts and Muslim perpetrators;
for example, the 19 Muslims who executed the crime of 9/11
are to be studied as criminals in the name of the Islamic religion.

Clearly, we are to avoid here the charge of Islamophobia
by Muslim American activities
who will certainly cry McCarthyism,
and invoke the memory of the
House Un-American Activities Committee (HUAC), a committee (1938–75).
However, the White House is the President's Office,
unlike the House committee above which is a division of Congress,
over which hangs the First Amendment of the Bill of Rights,
which the US Supreme Court may find unconstitutional
if Congress, rather than the President,
created and convened the body.


Note: Opinions expressed in comments are those of the authors alone and not necessarily those of Daniel Pipes. Original writing only, please. Comments are screened and in some cases edited before posting. Reasoned disagreement is welcome but not comments that are scurrilous, off-topic, commercial, disparaging religions, or otherwise inappropriate. For complete regulations, see the "Guidelines for Reader Comments".

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Reader comments (55) on this item

Title Commenter Date Thread
3McMaster is saying that Daesh is unIslamic! Absolute insanity [68 words]
w/response from Daniel Pipes
dhimmi no moreFeb 27, 2017 08:15237028
1McMaster supposedly said it during a staff meeting at the NSC [2 words]LeslieMar 3, 2017 17:31237028
2McMaster describes Islamic terrorism as "Un-Islamic" [145 words]dhimmi no moreMar 5, 2017 07:26237028
2McMaster and Group Think! [34 words]dhimmi no moreMar 6, 2017 08:25237028
1McMaster and the Elephant in The Room! [93 words]dhimmi no moreMar 6, 2017 09:18237028
1Not the Exact Expression But Close [277 words]DajjalMar 11, 2017 01:54237028
Why would Muslims even WANT to "fix their religion" [105 words]GregMay 21, 2017 23:38237028
1Only Muslims can reform Islam [81 words]dhimmi no moreMay 23, 2017 10:28237028
Muslims will fix their religion because ... [291 words]PrashantMay 27, 2017 11:48237028
1ISIL ISIS and داعش or Daesh and poor journalism [311 words]dhimmi no moreJun 26, 2017 17:42237028
A nice essay describing Islamic attitude and doctrine [131 words]PrashantJun 27, 2017 14:49237028
1HR McMaster does not seem to know that the revered Muslim scholars tell us that Jihad means: Holy War [315 words]dhimmi no moreAug 19, 2017 07:41237028
1Communism vs. Ismalami vs. Nazism [213 words]RobertFeb 22, 2017 18:26236889
2They're all are extortive gangster slavers. [22 words]UNCLE VLADDIMar 6, 2017 16:40236889
Clouding the obvious with the Devious - Who Are the Real Enemies of Freedom [359 words]M ToveyFeb 22, 2017 13:49236886
2Religious Establishment Disclaimer [391 words]RobertFeb 21, 2017 02:33236855
Thank You For This [83 words]Liz WagnerFeb 21, 2017 01:08236853
The Weakest Link In The Plan [109 words]Martin SchaffelFeb 20, 2017 21:52236849
1Beating around the bush [62 words]Sohel BahjatFeb 20, 2017 19:21236840
1The issue is Ideology, not Nationality! [49 words]DajjalFeb 22, 2017 23:25236840
Christianity VS Islam [100 words]Sohel BahjatFeb 26, 2017 23:15236840
1the Ideology we hate; In Response to Sohel Bahjat [106 words]DajjalFeb 27, 2017 04:02236840
1Religions are man made constructs! [138 words]dhimmi no moreFeb 27, 2017 08:03236840
1Wahabi Islam is the modern euphemism [100 words]PrashantMar 1, 2017 23:35236840
What's your point? [124 words]Sohel BahjatMar 3, 2017 00:17236840
Reply to the ignorant [117 words]Sohel BahjatMar 3, 2017 20:10236840
1the Ideology...; In Response to Sohel Bahjat's response [73 words]DajjalMar 6, 2017 02:27236840
1Our dear Sohel is a member of روافض Not my word! [79 words]dhimmi no moreMar 6, 2017 11:44236840
Open your eyes [142 words]Sohel BahjatMar 6, 2017 20:55236840
1Extremism Is A False Meme! [86 words]DajjalMar 8, 2017 01:45236840
1The 5 reasons for al-Jihad in Shi'a Islam and our dear Sohel's taqiyya [179 words]dhimmi no moreMar 8, 2017 08:05236840
1Typographical error [8 words]DajjalMar 11, 2017 00:59236840
Go check Al-Kafi [406 words]Sohel BahjatMar 11, 2017 01:47236840
I'm atheist [97 words]Sohel BahjatMar 11, 2017 03:15236840
Dear readers our dear Sohel will tell us more about Jihad in Shi'a Islam and don't forget he is "an atheist" and he is not practicing Taqiyya [508 words]dhimmi no moreMar 14, 2017 08:28236840
Iran is a democracy?? [216 words]PrashantMar 14, 2017 19:14236840
Harijan [38 words]Sohel BahjatMar 16, 2017 02:10236840
Clearly [98 words]Sohel BahjatMar 16, 2017 02:18236840
1More Taqiyya or ignorance [48 words]dhimmi no moreMar 16, 2017 07:34236840
1I'm still waiting for our dear Sohel's answers about Jihad in Shi'a Islam Unless it is all Taqiyya! [262 words]dhimmi no moreMar 16, 2017 07:50236840
1India has no legal support for caste system except for affirmative action. [116 words]PrashantMar 16, 2017 23:09236840
From you [15 words]Sohel BahjatMar 19, 2017 23:56236840
Educate yourself [52 words]Sohel BahjatMar 20, 2017 01:09236840
1Caste system among Indian Muslims and Jihad in Shi'a Islam and our dear Sohel the "atheist" or is it Taqiyya [84 words]dhimmi no moreMar 20, 2017 13:26236840
Learn [19 words]Sohel BahjatMar 25, 2017 20:57236840
Our dear Sohel admits that there is indeed caste system for Muslims in India! What take him so long? Taqiyya? [58 words]dhimmi no moreMar 27, 2017 09:12236840
Hey [10 words]Sohel A BahjatMar 29, 2017 01:52236840
1Islam, radical or otherwise [105 words]Darwin BFeb 20, 2017 11:27236830
1Muslims MUST Lead Reform Against "Radical/Extremist" Islam [321 words]Mike RamirezFeb 20, 2017 09:51236829
1A snag in the weave of the plan [52 words]DajjalFeb 22, 2017 23:37236829
2We Need More "Moderate" Murderers! Whee! [172 words]UNCLE VLADDIFeb 26, 2017 21:35236829
1Wrong Myth, Unk? [136 words]DajjalMar 11, 2017 18:08236829
Trump is the ONLY president who could do this... And you know it. [26 words]
w/response from Daniel Pipes
Abu NudnikFeb 20, 2017 08:44236827
The failure of CVE to accomplish anything was its accomplishment [124 words]Bill BrewerFeb 20, 2017 08:20236826
2Brevity & Simplicity [191 words]DajjalFeb 20, 2017 04:56236822

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Note: Opinions expressed in comments are those of the authors alone and not necessarily those of Daniel Pipes. Original writing only, please. Comments are screened and in some cases edited before posting. Reasoned disagreement is welcome but not comments that are scurrilous, off-topic, commercial, disparaging religions, or otherwise inappropriate. For complete regulations, see the "Guidelines for Reader Comments".

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