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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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