“
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Sometimes voters get behind an
idea, and we think to ourselves, why? Why are they even bothering when
that idea, were it to become law, would be struck down as
unconstitutional faster than we can utter “temporary restraining order?”
We smugly revisited that thought on Tuesday
upon hearing that the Denver-based 10th Circuit had upheld a
lower-court ruling keeping an amendment to the Oklahoma constitution
from becoming law.
The amendment, overwhelmingly approved by
Oklahoma voters last year, prevents judges from basing rulings on
international law — and specifically mentions Islamic law, often known
as Shariah law.
Specifically, the 10th Circuit upheld a lower
court’s decision to preliminarily enjoin the amendment from going into
effect. It ruled that there is a legitimate issue as to whether the
initiative violates the First Amendment’s Establishment Clause
[Full 10th
Circuit: Amendment Banning Sharia Law is Not OK]
Why
do we have legislatures when, in the final analysis, a judge can
undo
their produce with a pen stoke. I am not the first to propose,
nor is
it even my first time doing so, that the United States is ruled by a
judicial
oligarchy. I am quite certain that a current Tom
Jefferson instruction would be "kill
everybody and begin you anewith." John Wayne would,
for sure.
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What? Pass your own laws? Not bloody likely!
ReplyDeleteThis ruling flabbergasts me:
ReplyDeleteArticle VI, Clause 2 of the United States Constitution, known as the Supremacy Clause, establishes the U.S. Constitution, U.S. Treaties, and Federal Statutes made pursuant to the U.S. Constitution, as "the supreme law of the land."
How does the Establishment Clause enter into it? For heaven's sake, the US Constitution forbids Catholic Canon Law, as such, in civil legal practice, too.
Bad judges? REALLY?
ReplyDeleteHow about UNCONSTITUTIONAL judges?
In California, we voted in 187, which banned welfare for illegals.
ReplyDeleteThe Courts struck it down, and our elected officials wouldn't defend it.
Later we passed Prop. 8, defining marriage as being one man and one woman.
Those who didn't like it sued saying it was "unconstitutional," our elected officials won't defend it, and our fate rests in the Court system yet again.
It could be said that we should elect OFFICIALS THAT SHARE OUR VALUES, which would be helpful; but still.
It's the right result but for the wrong reason. What's the right reason?
ReplyDeleteComity.
Doug, it seems to me that we're hit with a new flabbergastation every single day. We're a nation run amok.
ReplyDeleteA properly worded state constitutional amendment would forbid legal systems and laws that are entirely based on any theocratic law system.
ReplyDeleteThis would forbid sharia without singling it out.
( Our legal system it based on the roman/greek system. We do not have canon law in the US. )
As for treaty law ... that is an article of the constitution. ANY amendment ( including the bill of rights ) takes precedence over it.
These judges are the evil quietly foisted on us by the Clintons, obamas and establishment Repub presidents. If these black robes were not sitting on federal benches they would be in jogging gear chasing ambulances.
ReplyDeleteRodge, yeah.
ReplyDeleteIf I might be allowed a slight modification:
"We're a nation [whose government has] run amok."
"...Our legal system it based on the roman/greek system..."
ReplyDeleteI DON'T BLOODY THINK SO!!!
The laws of the 13 colonies and the republic of the United States is at root based upon ENGLISH COMMON LAW!
If you want justice based upon Roman style law move to New Orleans and enjoy the Napoleonic code. It's worked out so well there....
I'll stick with "A man's home is his castle" and "trial by a jury of the accuseds peers" and to be "Assumed innocent until proven guilty" and to "Be faced with ones accuser(s) in open court".
A century of progressive scum has all but destroyed the Common Law in the U.S. People who want to damage our God given rights, enshrined in among other works, the Common Law, really make me want to deprive them of their Common Law rights and imitate Vlad Tepes!
Armageddon Rex
Still bitter, and clinging to my guns!