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Thread: Oklahoma to Pass Laws Prohibiting Islamic Sharia Laws to Apply

  1. #31
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    Re: Islamic Sharia Law to Be Banned in, ah, Oklahoma

    Quote Originally Posted by Guy Incognito View Post
    There are a multitude of reasons why a judge would consider international law. It is done all the time. According to the SCOTUS in The Paquete Habana case, "international law is part of our law." More recently, In re Estate of Ferdinand E. Marcos Human Rights Litigation., "It is ... well settled that the law of nations is part of federal common law."

    OK simply doesn't have the authority to do this.

    Here's the proposed addition to the OK Constitution:


    That is patently absurd. I hate to break it to you, Oklahoma, but International law is federal law. This is like OK trying to amend its constitution to say that the courts can't look to federal law. Literally.

    As for Shari'a, I think this is just a lot of sound and fury signifying nothing. If you think that there is a serious concern about the implementation of shari'a in US courts, you have too little faith in our first amendment. This addition to the OK constitution is just redundant, and considering how obviously unnecessary it is, it carries the strong odor of anti-Islamic sentiment. It is disingenuous to think otherwise.
    If the international law in question is a part of our federal law, then it's not just some other country's law, it's US Federal law. Which is beside the point.

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    Re: Oklahoma to Pass Laws Prohibiting Islamic Sharia Laws to Apply

    Quote Originally Posted by Ikari View Post
    This is stupid. We don't need a law that says this, of course the government cannot rule by Sharia law. It's a secular government and we don't rule by the laws of gods, but rather the laws of man. This is really stupid, and only a show of interest against Muslims in general since the law has no real world worth or practicality. I don't know who would endorse such stupidity.
    Did anyone besides me and a few people read to the part that said "The proposed amendment would block judges in Oklahoma courts from drawing on sharia, or the laws of other nations, in such decisions."? Perhaps this is why ABC news only included Sharia law and not laws from other countries, they knew that the xenophobe and race card playing morons would not read past the title.
    Last edited by jamesrage; 06-15-10 at 01:10 PM.
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    Re: Islamic Sharia Law to Be Banned in, ah, Oklahoma

    Quote Originally Posted by Mcygee View Post
    But don't feel it hurts anything to ensure a firm stance on how things should be handled if the issue arises. Why wait to implement a law after you have an issue, and after some damage has already been done. Implementing sharia law IS something that is being pushed for.
    The situation hasn't come up because the U.S. Constitution prevents Sharia law from being implemented.

    Shall we now have our lawmakers make laws that already exist on the books as well? Again, this is nothing more than grandstanding by mentioning Sharia law.

    Now what should be touted is that the law prevents from using foreign law as a precedent. But as noticed by the title of the article and thread, this was not done.

    This is just using fear tactics by saying this law prevents Sharia law from being used when it never has been or could be used in the U.S.

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    Re: Islamic Sharia Law to Be Banned in, ah, Oklahoma

    Quote Originally Posted by Redress View Post
    The difference being that the rest of those things do exist in those places. Sharia law in Oklahoma courts, not so much.
    Nor will it be in Oklahoma courts if it's banned as it was positioned as a preemtive move. For example, there's no reason that Sharia law would NOT be used if circumstances warranted it. Sure it seems a little ... left field but hey, so does the salt thing in NYC.
    I think if Thomas Jefferson were looking down, the author of the Bill of Rights, on whats being proposed here, hed agree with it. He would agree that the First Amendment cannot be absolute. - Chuck Schumer (D). Yet, Madison and Mason wrote the Bill of Rights, according to Sheila Jackson Lee, 400 years ago. Yup, it's a fact.


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    Re: Islamic Sharia Law to Be Banned in, ah, Oklahoma

    Quote Originally Posted by Ockham View Post
    Nor will it be in Oklahoma courts if it's banned as it was positioned as a preemtive move. For example, there's no reason that Sharia law would NOT be used if circumstances warranted it. Sure it seems a little ... left field but hey, so does the salt thing in NYC.
    It's already banned in our courts. We have 200 + years of laws and precedence that make up our legal system. This is nothing but grandstanding.
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    Re: Islamic Sharia Law to Be Banned in, ah, Oklahoma

    Quote Originally Posted by Ockham View Post
    Nor will it be in Oklahoma courts if it's banned as it was positioned as a preemtive move. For example, there's no reason that Sharia law would NOT be used if circumstances warranted it. Sure it seems a little ... left field but hey, so does the salt thing in NYC.
    Like the ten commandments are ?

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    Re: Islamic Sharia Law to Be Banned in, ah, Oklahoma

    Quote Originally Posted by Redress View Post
    It's already banned in our courts. We have 200 + years of laws and precedence that make up our legal system. This is nothing but grandstanding.
    Quite possible. But is sounds as if the State is allowed within the law to ban Sharia - so if passed by the state legislature, it's State sanctioned grandstanding.
    I think if Thomas Jefferson were looking down, the author of the Bill of Rights, on whats being proposed here, hed agree with it. He would agree that the First Amendment cannot be absolute. - Chuck Schumer (D). Yet, Madison and Mason wrote the Bill of Rights, according to Sheila Jackson Lee, 400 years ago. Yup, it's a fact.


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    Re: Islamic Sharia Law to Be Banned in, ah, Oklahoma

    Quote Originally Posted by rivrrat View Post
    If the international law in question is a part of our federal law, then it's not just some other country's law, it's US Federal law. Which is beside the point.
    It's not at all beside the point, it is the point. The proposed amendment to the Oklahoma constitution prohibits courts from looking to "international law." What you yourself said was "why the hell are judges referring to international law." If the Oklahoma legislature meant that courts shouldn't consider domestic laws of foreign countries, then they should have said so. What they did say is that courts cannot "consider international law" which is clearly unconstitutional.
    Last edited by Guy Incognito; 06-15-10 at 02:27 PM.

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    Re: Oklahoma to Pass Laws Prohibiting Islamic Sharia Laws to Apply

    Quote Originally Posted by jamesrage View Post
    Did anyone besides me and a few people read to the part that said "The proposed amendment would block judges in Oklahoma courts from drawing on sharia, or the laws of other nations, in such decisions."? Perhaps this is why ABC news only included Sharia law and not laws from other countries, they knew that the xenophobe and race card playing morons would not read past the title.
    I read it. It's still stupid and plays to the xenophobe and race card morons.
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    Re: Oklahoma to Pass Laws Prohibiting Islamic Sharia Laws to Apply

    Quote Originally Posted by Ikari View Post
    I read it. It's still stupid and plays to the xenophobe and race card morons.
    How does it?

    I'm not xenophobic - I'm not racist . . . and though I think it just common sense to *not* look at the laws and precedents in other countries, in fact, I *hope* that a judge wouldn't do that - I completely support this bill because, obviously, it's becoming a bit more common.

    Sorry, we don't live in Iran, we don't live in France, we don't live in Israel - we shouldn't be judged by their rules.

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