by ANDREW C. MCCARTHY December 12, 2015
As Dr. K must know (since it is quite apparent from the post he attacks), I am not a Trump supporter, much less a Trump apologist. I confess to not being Trump-obsessed: I just don’t think he is going to be the nominee and life is too short to get that whipped up about him. As I’ve pointed out, I don’t believe even the Republicans are daft enough to nominate a man who has donated more money to Hillary Clinton and the racketeering enterprise also known the Clinton Foundation than most Democrats have combined.
I have, however, noted the candidate’s erratic nature on a few occasions. And in the very post that Krauthammer pretends to address, I intimated doubt that Trump knows much about either immigration law or Islam. But to sum up, I don’t care, even a little bit, about Donald Trump. If it’s possible, I care even less about his policymaking process.
This can be done legally, but it requires a grasp of the pertinent principles. Charles may be right that developing a taxonomy of Trumpian policy refinements would be a hilarious waste of time. But I have no interest in that. I am trying to persuade Americans about what we should do, which obliges me to outline what the law allows us to do.
Since Dr. K has seen fit to play amateur lawyer, let me reciprocate by playing amateur shrink. I suspect that his loathing of Trump’s bull-in-a-China-shop approach to politics is undermining his usually unparalleled discernment of the glass that actually does need breaking.
In New Jersey a few years back, a Muslim immigrant was serially raping his Muslim immigrant wife, who was in the process of divorcing him. When the wife sought a protective order in court, the husband countered that, under Islamic law, there is no such thing as marital rape — the wife was required to submit sexually on demand. Reprehensibly, the state judge accepted this explanation and refused to grant the protective order. Thankfully, he was reversed on appeal.
The judge’s ruling in favor of the rapist was despicable because the laws of the United States and of New Jersey would not abide so sordid a principle. In our society, it is our laws that govern.
It must be acknowledged, though, that when it comes to sharia principles that are anathema to our law, the licensing of marital rape is hardly singular. That practice stems from the sharia concept that women are chattel — a lower caste than Muslim men with starkly inferior legal rights. Sharia also systematically discriminates against non-Muslims, Muslim apostates, and homosexuals. It rejects free speech, economic liberty, privacy, and due process. It denies people the right to govern themselves as they see fit. It promotes jihad — holy war — to establish, protect, and expand sharia-governed territory.
There are two points, though, that cry out to be made.
First, there has to be a way of separating Islamists from non-Islamists and barring the former from our country. The Constitution, as Justice Robert Jackson sagely observed, is not a suicide pact.
Second, whatever one might think of Islam, the sharia principles mentioned above — involving matters of sexual battery, law, finance, combat, and politics — are not religious tenets. They are principles of a totalitarian political ideology. Despite their Islamic veneer, these principles cannot be analyzed as if they were just religious. If Karl Marx had written that Allah told him the workers must control the means of production, that would not have converted Communism into a sacrosanct corpus of religious belief.
Although the Constitution would not prohibit a religious test, what I am proposing homes in on political ideology, not religion. The authentically spiritual aspects of Islam deserve the safeguards our system affords to religious belief and practice. No sensible person wants to exclude Muslims over these aspects of their faith. To the contrary, I am talking about adherents of a hostile political ideology that nurtures violent jihadism, our most immediate national-security threat.
Still, I respectfully submit that he is wrong.
— Andrew C. McCarthy is a policy fellow at the National Review Institute. His latest book is Faithless Execution: Building the Political Case for Obama’s Impeachment.