“
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DETROIT
— A national drive against citing “foreign” laws in U.S. courts - one
that critics say is a veiled attack on Islamic Shariah law - has
reached the state with the nation’s largest concentration of Muslims.
The Michigan bill, which mirrors “American Laws for American Courts”
legislation introduced in more than 20 other states, was introduced in
June by state Rep. Dave Agema, Grandville Republican. He has argued
that it has nothing to do with Islam or the faith’s Koran-based Shariah
law, but is designed to stop anyone who seeks to invoke a foreign law
in state courts. [Muslims
see ‘foreign law’ bill as attack on Shariah]
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Top
Left, Justices
Ahmadinejad, Putin, King Ubangi, Mugabe
Bottom Left - Justices Sarkozy,
Jong Il, Chief Justice Omar, Scalia, Barbara Mikulski's girlfriend
And there's this — |
“
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Very
recently a majority of the present justices, and maybe all, have
written and joined opinions that rely on foreign materials, including
opinions written by Justice O'Connor, Justice Kennedy, and Chief
Justice Rehnquist. And one journalist was quoted as saying, there is
now a new attentiveness by the Supreme Court to legal developments in
the rest of the world, but not so fast.
[...]
Strong voices, including most notably Justice Scalia's, have
protested to what some suggest an expanding trend in U.S.
constitutional law. It is important to recognize that it is not only
conservatives who have taken this position. A prominent liberal law
professor has recently written that any effort to import international
norms into American constitutional law is largely a waste of time. [Transcript of
Discussion Between U.S. Supreme Court Justices Antonin Scalia and
Stephen Breyer -- AU Washington College of Law, Jan. 13 (1995)]
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” |
I cannot believe that more than the 22% or so of
the population who want the US Constitution abolished, would agree that
our courts ought observe foreign court precedent. Anyone pushing
this idea ought to be, and I hope is, on someone's "bad" list for being
dealt with after this Obama
regime terror is over.
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O.T.: Did you get that? Nice quake!
ReplyDeleteIf this isn't grounds for impeachment, I don't know what is. It is and out and out repudiation of the oath every federal official takes to uphold the constitution of the United States. If we get 60 seats in the Senate, these fuckers need to be impeached. It's time for an impeachment project.
ReplyDeleteCasca
US Constitution, Article VI, Clause 2:
ReplyDelete"This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding."
You want to invoke foreign laws? Get a frikkin' constitutional amendment.
Until then, KMA, you f'n traitors.
Where's the "like" button?
ReplyDeleteM66
In some cases, I don't know if you are exactly dealing w/ sharia law as much as you are dealing w/ either issues of comity or 1st amendment law.
ReplyDelete"Comity is neither a matter of absolute obligation, nor of mere courtesy and good will. It is a recognition which one nation allows within its territory to the legislative, executive or judicial acts of another nation, having due regard both to international duty and convenience, and to the rights of its own citizens or other persons who are under the protection of its laws. " Hilton v. Guyot, 159 U.S. 113 (1895)
"[T]he rule of action which should govern the civil courts . . . is, that, whenever the questions of discipline, or of faith, or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final, and as binding on them, in their application to the case before them." SERBIAN ORTHODOX DIOCESE v. MILIVOJEVICH, 426 U.S. 696 (1976)
http://tinyurl.com/44vmjkv
someone's "bad" list
ReplyDeleteI keep a list with three categories:
1. flog
2. hang
3. flog before hang
RKOF says "I'd like #3 for all the MFCS, Alex"
Lt. Col. Gen. Tailgunner dick
Chuck -...the legal tribunals must accept such decisions as final...
ReplyDeleteWould you clarify that a little for me?
I can see where that would hold for excommunication, for example, or elevating a cleric. However, is the quoted statement absolute, or does it apply only up to the point that the ecclesiastical ruling does not violate state law; IOW an Imam in the USA cannot rule that a woman in his congregation shall be stoned for adultery because that exceeds the punishment allowed by US law or falls under the jurisdiction of a criminal court, not a civil court.
Lt. Col. Gen. Tailgunner dick
That's right, LCOLGEN. A US court wouldn't (or shouldn't) uphold a stoning decree. That's why the offshoots of the Mormons are having problems with the local authorities when it comes to marrying and having sex with multiple underage girls.
ReplyDeleteWhere you really see the impact of ecclesiastical law is in cases of money -- filthy lucre. Intracongregational and intradenominational fights as to who owns church property. Fights as to who can publish the writings of a deceased preacher.
The biggest ones are those over pensions. The Church of God of Cleveland TN has a rule that you can't get a pension if you aren't an ordained minister. If you commit adultery, they remove your ordination. Once that happens, they cut off your pension payments. Courts uphold that all the time.
1. What the hell is Scalia doing in the pic?
ReplyDelete2. No way Barbara Mikulski could score anything that hot.