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To: ggekko
In the hypothetical example of the Taliban Party coming to power what would prevent Islamic Law being imposed on the rest of the country is the codification of the Christian docrine of Free Will in several Ammendements to the Constitution. Sharia could only be imposed coercively and that would require a suspension of the Constitution in order for such a scenario to play out.

But we have: "campaign finance reform" that gags political speech prior to elections (violates 1st Amendment), the requirement to apply for permits in order to protest government policies (1st), anti-gang laws (1st), a bazillion gun control laws (2nd), searches and screenings at airports (4th), mandatory searches of bank transactions ("know your customer") (4th) Carnivore, Echelon, other Patriot act wiretaps (4th), civil asset forfeiture (5th) ... etc. In light of these demonstrable rights erosions, how sure can you be that my hypothetical example can't possibly happen?

94 posted on 02/07/2003 9:36:12 PM PST by coloradan
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To: coloradan

The rise of the Welfare State has occasioned repeated and egregious encroachments on the Eight Ammendement. The Eighth Ammendement is derived alsmost directly from one of the Ten Commanments ("Thou shall not covet..") .

As you correctly note the rise of the National Security State has occasioned encroachments on the 1st, 2nd, and 4th ammendements. These encroachments have been gradual and have usually been advanced during times of national crisis.

In my view, these issues have become muddled over time in legal circles because of the rise of Oliver Wendell Holme's school of legal positivism which is now taught at almot all of the elite law schools. This legal doctrine abjures the idea of inalienable rights endowed by God to all human beings. Under the Holmes doctrine the State replaces God as the originator of rights.

Given the current state of affairs I would find an Islamic takeover of the US legal system to be a remote possibility but I would worry about futher surrenders of legal autonomy under Welfare State or National Security exingincies. The Natural Law doctine would have been an intellectual bulwark against such seizures of power but it has largely been supplanted at this point in time.
106 posted on 02/07/2003 10:56:17 PM PST by ggekko
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