View Poll Results: Is Oklahoma Sharia Ban Constitutional?

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  • Yes

    17 51.52%
  • No, It's against the First Amendment of our Constitution

    9 27.27%
  • Other

    7 21.21%
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Thread: Is Oklahoma Sharia Ban Constitutional?

  1. #11
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    Re: Is Oklahoma Sharia Ban Constitutional?

    It's unconstitutional for another reason. By explicitly forbidding US state courts from applying US signed treaties, it renders the Federal Government's sole right to foreign relations moot and explicitly forces US state courts to ignore US federal law. States do not have the right to conduct legislation on foreign trade. This bill contradicts the Constitution.

    http://www.debatepolitics.com/news-2...post1059083399
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    Re: Is Oklahoma Sharia Ban Constitutional?

    Quote Originally Posted by CriticalThought View Post
    Honestly, the right wing southerners has been reduced to voting on nationalist policies on impulse. In Oklahoma, if you put up a vote forbidding the practice of Islam, it would pass. Any rights that aren't white, Christian, or domestic are pretty much up for vote at this point.
    Not because the belief that our judges should only use our laws and base their decisions only on our laws to be the reason why people voted for this law? ITs because theys hates them thar musalems and watch Hee haw and stuf ...huh?
    Last edited by jamesrage; 11-06-10 at 12:28 PM.
    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"

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  3. #13
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    Re: Is Oklahoma Sharia Ban Constitutional?

    Quote Originally Posted by pbrauer View Post
    Is Oklahoma Sharia Ban Constitutional?

    Yes
    No, It's against the First Amendment of our Constitution
    Other

    CAIR Member Sues Oklahoma Over Sharia Ban | TPMMuckraker
    No it does not for the simple fact it bans judges from citing sharia law and there is also the fact the voters are on congress..

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;
    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"

    Cicero Marcus Tullius

  4. #14
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    Re: Is Oklahoma Sharia Ban Constitutional?

    Quote Originally Posted by obvious Child View Post
    It's unconstitutional for another reason. By explicitly forbidding US state courts from applying US signed treaties, it renders the Federal Government's sole right to foreign relations moot and explicitly forces US state courts to ignore US federal law. States do not have the right to conduct legislation on foreign trade. This bill contradicts the Constitution.
    I was wondering if someone was going to beat me to it.
    I'm already gearing up for Finger Vote 2014.

    Just for reference, means my post was a giant steaming pile of sarcasm.

  5. #15
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    Re: Is Oklahoma Sharia Ban Constitutional?

    Quote Originally Posted by jamesrage View Post
    Not because the belief that our judges should only use our laws and base their decisions only on our laws to be the reason why people voted for this law? ITs because theys hates them thar musalems and watch Hee haw and stuf ...huh?
    You're absolutely right, this vote could have been the result of a complete and total ignorance of the contents of the Constitution, and had nothing whatsoever to do with nationalist impulses or Islamophobia.
    I'm already gearing up for Finger Vote 2014.

    Just for reference, means my post was a giant steaming pile of sarcasm.

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    Re: Is Oklahoma Sharia Ban Constitutional?

    Quote Originally Posted by jamesrage View Post
    No it does not for the simple fact it bans judges from citing sharia law and there is also the fact the voters are on congress..

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;
    Bull**** arguments like this are one of the biggest reasons the Federalists had a problem with the Bill of Rights.
    I'm already gearing up for Finger Vote 2014.

    Just for reference, means my post was a giant steaming pile of sarcasm.

  7. #17
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    Re: Is Oklahoma Sharia Ban Constitutional?

    Quote Originally Posted by obvious Child View Post
    It's unconstitutional for another reason. By explicitly forbidding US state courts from applying US signed treaties, it renders the Federal Government's sole right to foreign relations moot and explicitly forces US state courts to ignore US federal law. States do not have the right to conduct legislation on foreign trade. This bill contradicts the Constitution.

    http://www.debatepolitics.com/news-2...post1059083399
    No, because it specifically includes law "as provided in the United States Constitution . . . the United States Code." Any treaty would fall under that.

    https://www.sos.ok.gov/documents/questions/755.pdf?9,4

    What this is NOT in any way is a violation of the First Amendment.
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  8. #18
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    Re: Is Oklahoma Sharia Ban Constitutional?

    Quote Originally Posted by jamesrage View Post
    No it does not for the simple fact it bans judges from citing sharia law and there is also the fact the voters are on congress..

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;
    I guess it depends how the law is worded. If it just bans judges from CITING sharia law, that's probably constitutional. But that isn't what this lawsuit alleges. If the law denies the plaintiff the ability to specify in his will that his property be divided according to sharia, that DOES infringe on his religious liberty IMO.

    As for the "Congress shall make no law..." passage you cited: the 14th amendment holds the states to the same standard.
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  9. #19
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    Re: Is Oklahoma Sharia Ban Constitutional?

    Quote Originally Posted by pbrauer View Post
    Is Oklahoma Sharia Ban Constitutional?
    The law only codifies the relevant section of the 1st amendment - how can that be unconstitutional?
    :shrug;

  10. #20
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    Re: Is Oklahoma Sharia Ban Constitutional?

    Quote Originally Posted by Kandahar View Post
    I guess it depends how the law is worded. If it just bans judges from CITING sharia law, that's probably constitutional. But that isn't what this lawsuit alleges. If the law denies the plaintiff the ability to specify in his will that his property be divided according to sharia, that DOES infringe on his religious liberty IMO.

    As for the "Congress shall make no law..." passage you cited: the 14th amendment holds the states to the same standard.
    Well, for one thing, I think he's wrong -- probate law requires certain things of a will for it to be valid, and as long as those things are satisfied, it doesn't really matter what else is in the will. So this wouldn't prevent his will from being executed, so long as the other requirements are in place.

    But if those things aren't satisfied, if his will merely gives a list of Koran verses with the expectation that they form the authority for the will, then it's an invalid will regardless -- just as it would be if it were to say "I wish this will to be executed according to the laws of Italy." Wouldn't happen.

    This constitutional provision would not affect any of that.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

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