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To: Osage Orange
The Sharia part will be upheld. There is nothing unconstitutional about not basing court decisions on Sharia law; it would, in fact, be unconstitutional to use Sharia law in a court case.

The international law part, on the other hand, is unconstitutional, as worded. International law includes treaties. Under Article VI of the U.S. Constitution, treaties are the "Supreme Law of the Land," and take precedence over any state law to the contrary. For example, a state court hearing a child custody case is required to follow The Hague Convention on the Civil Aspects of International Child Abduction if it is applicable.

I don't think this is what the drafters of the referendum meant to do-- they were thinking of foreign law, which is not the same as international law-- but it is what they said.

20 posted on 11/04/2010 4:03:19 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian
Seems contrary...to me.

We can base a decision on Sharia law...but we can't use Sharia law in a court case?

I'm an Okie....and that say's it all. : )

29 posted on 11/04/2010 4:21:55 PM PDT by Osage Orange (The IRS thinks I'm made of money.............)
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