In 1789, Madison, then a member of the newly established . House of Representatives, introduced 19 amendments to the Constitution. On September 25, 1789, Congress adopted 12 of the amendments and sent them to the states for ratification. Ten of these amendments, known collectively as the Bill of Rights , were ratified and became part of the Constitution on December 10, 1791. The Bill of Rights guarantees individuals certain basic protections as citizens, including freedom of speech, religion and the press; the right to bear and keep arms; the right to peaceably assemble; protection from unreasonable search and seizure; and the right to a speedy and public trial by an impartial jury. For his contributions to the drafting of the Constitution, as well as its ratification, Madison became known as “Father of the Constitution.”
In any case, it seems clear we must change, in a constitutional sense, how we view Islam. Islam is not merely a religion, the free exercise of which the Free Exercise Clause protects. It is also a religious government, the establishment of which the Establishment Clause prohibits. We see building blocks for incrementally establishing Islamic theocracy laid daily in the form of Shariah courts, Shariah financing, food regulation, government sanctioned prayer, etc. It is time to start thinking about the constitutional considerations of such actions. At the very least, legal and public policy strategies formulated to defend religious liberty must no longer presuppose a singular secular foe. 23 Since Islam claims law, Islam, and the state are one, we must, whether in academia, the legislatures or the courts, focus some of our attention here. We must not be afraid to ask if any one of the official incremental efforts implementing the Shariah is respecting an establishment of a theocracy -- and evaluate our litigation and policy strategies accordingly.