Posted on 12/14/2016 7:54:20 AM PST by SeekAndFind
Bad idea. A written ban on Sharia would give the thugs something to challenge in court. Better to keep it as an unwritten rule that the only law is American law.
The same way foreign law has come up and been referenced in supreme Court decisions.
Though the constitution is clear, there’s nothing wrong with hitting that nail one more time. They apparently need a dent in the wood on this one.
Wrong. Foreign and sharia north are referenced occasionally. There is nothing wrong with making it codified.
Our system of law combines the written statutory law and the unwritten common law. Common law is essentially court-based rules to adjudicate in areas where statutory law has not been established. Until overruled by a higher court, superseded by statutory law, or overturned by the existing court on re-visiting the issue, the original precedent stands as law in the court's jurisdiction.
Sharia law could creep into our system of law through common law. It could also creep into our legal system through contract law. I'd like to see legislation which as a matter of public policy forbids courts from enforcing contract provisions which are uniquely-derived from Sharia law.
Why would we need to do this? We have laws. Abide by them or face the consequences.
You are exactly right. It becomes a double speak conundrum but unnecessary as the constitution disallows Sharia while not specifically addressing Islam or Sharia Law.
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