Wednesday, January 11, 2012

Court: Sharia Law Can't be Banned

Bad Judges




10th Circuit: Amendment Banning Sharia Law is Not OK



WYSIWYGSometimes 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.




10 comments:

Steve in Tulsa said...

What? Pass your own laws? Not bloody likely!

DougM said...

This ruling flabbergasts me:
Article 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.

El Jefe said...

Bad judges? REALLY?

How about UNCONSTITUTIONAL judges?

Marie said...

In California, we voted in 187, which banned welfare for illegals.

The 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.

Chuck Martel said...

It's the right result but for the wrong reason. What's the right reason?

Comity.

Rodger the Real King of France said...

Doug, it seems to me that we're hit with a new flabbergastation every single day. We're a nation run amok.

Kristophr said...

A properly worded state constitutional amendment would forbid legal systems and laws that are entirely based on any theocratic law system.

This 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.

TomR armed in Texas said...

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.

DougM said...

Rodge, yeah.
If I might be allowed a slight modification:
"We're a nation [whose government has] run amok."

Anonymous said...

"...Our legal system it based on the roman/greek system..."

I 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!

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