Guy Incognito
DP Veteran
- Joined
- May 14, 2010
- Messages
- 11,216
- Reaction score
- 2,846
- Gender
- Male
- Political Leaning
- Libertarian
Re: Islamic Sharia Law to Be Banned in, ah, Oklahoma
You can't ban foreign law because our law is rooted in "foreign" law, and you can't ban international law because international law is just as binding on the states as federal law. Not to mention that, as has been observed above, shari'a is automatically banned under the first amendment. Frankly, whoever wrote this law is out of their depth. It's only a matter of time before this nonsense gets struck down as an unconstitutional violation of the separation of powers.
It's also dead wrong. US law isn't the only law that ought to be considered in American jurisprudence. And even the most conservative judges and justices regularly cite to foreign sources, and it's nothing new, they've been doing it since 1776. I wonder how gun rights activists will feel when this statute bars the citation of the Seymane's case, an English case that established the "Castle" doctrine ("A man's home is his castle.").I agree that judges and legislatures (for that matter) within the US should only consider US law and precedent. That's just common sense.
You can't ban foreign law because our law is rooted in "foreign" law, and you can't ban international law because international law is just as binding on the states as federal law. Not to mention that, as has been observed above, shari'a is automatically banned under the first amendment. Frankly, whoever wrote this law is out of their depth. It's only a matter of time before this nonsense gets struck down as an unconstitutional violation of the separation of powers.