There is no question but that we are long past the time when many mosques in America should be shut down. They foment hatred and violence against the United States on a weekly basis and many have become recruiting and training centers for the most radical elements of Islam.

We likewise should ban Islamic chaplains in our prisons, which have become little more than recruiting centers for jihad. Couple angry, bitter, violent inmates with a religion that legitimizes violence against the country that put them behind bars? What could possibly go wrong?

Any discussion about restricting the practice of Islam immediately counters First Amendment objections. Why, we are told, "Muslims have freedom of religion in America under the Constitution just like Christians do! You can't shut down a mosque! That would be unconstitutional!"

Whether it is unconstitutional or not all depends on whether we are using the Constitution as crafted by the Founders or the one mangled beyond recognition by the courts.

As I have written before, everything hinges on what the Founders meant by the term "religion" in the First Amendment. If by it they meant "any supernatural system of belief," as activist judges contend, there may not be much we can do to close mosques or keep giant statues of Satan off government property.

But if we understand "religion" as the Founders did, to refer specifically to Christianity, then there is a perfectly constitutional way to shut down mosques starting today.

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So while Congress is flatly prohibited by the First Amendment form interfering with the free exercise of the Christian religion, the Constitution is silent regarding Islam. This means that Islam has no fundamental religious liberty claims under the First Amendment. In America, while Muslims may enjoy the privilege of religious exercise until they misuse it, they have no fundamental constitutional right to it.

Since the Founders' Constitution is silent with regard to Islam, this means, according to the 10th Amendment, dealing with Islam is an issue that is reserved to the States.