I saw the movie Obsession last week, and even though I read alot about the radical islamist threat, the movie scared and motivated me more than usual, so here's an idea.
A frequent topic re Radical Islamists is that our legal system is inadequate to deal with the threat. Our criminal justice code and immigration laws and procedures were not designed to handle issues of this magnitude. So, for example, when I discuss with others the implementation of a policy to identify, take into custody, and deport radical islamists, most people usually agree with the concept. Very few of us want individuals who are correctly identified as radical islamists to live in the United States. So how do we legally get from here (currently allowing radical islamists freedom of movement within the country) to there (legally deporting them)?
I think the legal means to that end is a Declaration of War against Radical Islam. OK, OK, I know a Declaration of War is normally directed against a country, not against a movement or a part of a religion. But I think having a document in front of us may help move this forward. The stategy would be:
1. to draft such a resolution
2. to distribute to our congresspersons (as in "see, look at this") or place full-page advertisement in the newspapers, or hand it out at rallies, etc.
3. to have one or two Congresspersons introduce the Declaration, and then watch the interest and sponsors grow.
For all I know, a sample document may have already been written. If anyone can give me the reference, please do so in the comments below. If this document has not yet been written, perhaps there are attorneys out there who can help. As reference, take a look at the Declarations of War by the US Congress for World War I and World War II.
Declaration of War Against Germany--WWI
Declaration of War with Japan
Updated Resolution: 8/17/2006
[Proposed] DECLARATION OF WAR WITH RADICAL ISLAM
Joint Resolution Declaring that a State of War exists between Radical Islam and the Government and People of the United States and making provisions to prosecute same.
Whereas the extraterritorial movement known as Radical Islam has planned, advocated, and committed unprovoked acts of War against the people of the United States of America
Whereas, numerous representatives of said Radical Islam have announced that their exists a State of War between radical Islam and the United States,
Resolved by the Senate and House of Representatives of the United States of America, that a State of War now exists between Radical Islam and the United States and is hereby formally declared. The President is authorized and directed to employ the military forces of the United States as needed and the resources of the Government to carry on the war against Radical Islam. Further, recognizing the danger posed by individuals who are loyal to Radical Islam who are now or may in the future be residing in the United States and its territories, the President and the Attorney General of the United States are hereby authorized to identify such individuals, take them into preventive custody, and deport them from the United States.
For purposes of this Declaration, Radical Islam is defined as those individuals or organizations who advocate, support, plan or execute jihad attacks against the United States and its foreign allies and interests or those who support the overthrow of the Constitutional government of the United States and in its place the establishment of Sharia law. Further, the distinction is made herein between Radical Islam and Moderate Islam (the later being expressly excepted from the intent of this Declaration.)