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The Egyptian Coup

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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6 Responses

  1. Joe says:

    If a non-Islamic party won and the same things transpired, more or less, the army would have acted differently?

  2. Ken Rhodes says:

    @Joe (and Gerard): When a regime, put in power by democratic processes, becomes oppressive and totalitarian, destroying the democratic process that put them in power, the Army is usually their instrument of control and enforcement. Think of Hitler.

    There are convincing arguments that the Muslim Brotherhood would be likely to disable the democratic process that put them in control. In this case, it may be unusual that the Army was the instrument of revolution, rather than the instrument of oppression.

    What remains to be seen, of course, is where all this leads. Is it to a military junta running the country, or is it to a return to democratic institutions, but with a more rigidly enforced separation of church and state.

  3. Joe says:

    I am aware of the use of the army, though in modern history, the military in some countries serve a somewhat different role at times as a sort of (flawed) elite honest broker, but a comment was made regarding “any Islamist political party.”

    If some other political party with populist support etc. took over and did the various things done by the Islamist MB and it resulted in similar popular unrest etc., there is something of an implication that they would have been treated differently. That something about “Islamists” in particular cause the military to treat THEM differently.

  4. Shag from Brookline says:

    Query: Does the Egyptian Constitution (which may now be suspended) include provisions similar to our Second Amendment and our First Amendment’s religion clauses?

  5. Joe says:

    Don’t see a RKBA/militia provision, it expressly favors Islam but does protect exercise of other religions (“divine religions” cited … appears to be the Abrahamic faiths) to some degree.

  6. It’s pretty hard to call this one. But when the military gets involved and takes sides in a democratic country it does not bode well for its people. But we shall see how this all plays out.

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