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10th Circuit: Amendment Banning Sharia Law is Not OK
Wall Street Journal ^ | 01/10/12 | Ashby Jones

Posted on 01/10/2012 1:07:30 PM PST by AtlasStalled

Sometimes voters get behind an idea, and we think to ourselves, why? Why are they even bothering when that idea, were it to become law, would be struck down as unconstitutional faster than we can utter “temporary restraining order?”

We smugly revisited that thought on Tuesday upon hearing that the Denver-based 10th Circuit had upheld a lower-court ruling keeping an amendment to the Oklahoma constitution from becoming law.

The amendment, overwhelmingly approved by Oklahoma voters last year, prevents judges from basing rulings on international law — and specifically mentions Islamic law, often known as Shariah law.

(Excerpt) Read more at blogs.wsj.com ...


TOPICS: Breaking News; Culture/Society; Front Page News; News/Current Events; War on Terror
KEYWORDS: 10thamendment; bansharia; constitution; islam; sharia; stockpilesong; tenthamendment; thestockpilesong
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To: Califreak
Heck in some places you can't even display the American flag because it might "offend" someone.

Yep, this country has gone to hell in a hand basket. Sad really.

41 posted on 01/10/2012 2:03:22 PM PST by unixfox (Abolish Slavery, Repeal The 16th Amendment!)
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To: AtlasStalled

U.S. District Judge Vicki Miles-LaGrange nominated by Bill Clinton attended the University of Ghana and

http://judgepedia.org/index.php/Vicki_Miles-LaGrange

Oklahoma Question 755 passed overwhelmingly on November 2, 2010. The vote supporting it would have prevented state courts from using international law–and Islamic Shariah law–when deciding on a case.

Before the vote, ads supporting SQ 755 referenced a New Jersey case where a Muslim woman divorced her husband and filed a restraining order after he raped her.

The man claimed his culture and religion allowed him to have sex with his wife whenever he wanted, regardless if his wife wanted sex or not. The court held up the custom over New Jersey law


42 posted on 01/10/2012 2:04:04 PM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: edcoil
Isn’t this a good thing as they must pass laws based on the Constitution - not other laws?

You are kidding, right?

43 posted on 01/10/2012 2:04:23 PM PST by itsahoot (You are no longer a person, you are a Unit when you need health care.)
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To: Cobra64

“I find it amusing when people say “Gingrich is angry,” and then turn around and say “we need a fighter to take down Obama.” Which is it?

Personally, I don’t see him as “angry, but rather frustrated that there are so many un/misinformed American voters and the MSM’s (and some FReepers) obsession bashing him.

Do we want a fighter, or another wishy-washy Bob Dole like Santorum? (And I like Santorum a lot)? “

I like Santorum a lot too. But, I’m like you, I want a fighter, someone with a love for the constitution, and the balls to slap down these judges who legislate from the bench.

Heck, if Holder, Odombo, Bernache and all the rest refuse to follow the constitution, and make up their own rules, why the “XIEFSLK<>FM” shouldn’t we do what we da*##M” well please. If the people of a state determine what is best for them, by making a law, the Feds then have no power to make us feel like we’re breaking THEIR laws.

I am so tired of the FED telling me HOW I HAVE to live, when all my life I’ve taken care of myself, just fine, thank you so very much!! I’m a veteran, I’m eighth generation American, am law abiding, and pay my taxes. I am so SICK of watching we the people just muddle our way through THEIR UNCONSTITUTIONAL ACTIONS.

I will be a slave to NO ONE!! The people of Oklahoma have spoken and acted in a lawful manner. If Newt is willing to honor us, and kick out the sludge on the benches, then he’ll get my vote. So will Romney, and Santorum too. Who ever actually gets the primary.

I am so darn mad now.......

We OUTNUMBER THEM......

The current administration MUST GO!!!!!


44 posted on 01/10/2012 2:06:03 PM PST by yellowroses (A yankee in Texas)
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To: An American!

“The Governor of OK can now announce she is ignoring the ruling, citing the following:
(1) 1st Amendment: “CONGRESS shall make no law respecting the establishment of religion....”, and
(2) 10th Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
PERIOD. NO Federal court has jurisdiction over OK on this matter”

I agree totally with your statement. How do we stand up for ourselves?


45 posted on 01/10/2012 2:07:32 PM PST by yellowroses (A yankee in Texas)
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To: AtlasStalled

Looks like America is slowly headed to the fate of Europe, Islamic “sanctuary cities” ran by barbaric Sharia law in the name of “multiculturalism”.

God help this country.


46 posted on 01/10/2012 2:07:47 PM PST by PAConservative1
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To: Califreak

The Presbyterian Church (USA) has at least one dispute being heard by a civil court. At some level, questions regarding the Constitution of the Presbyterian Church (USA) have to be addressed in the lawsuit. I suspect that a similar argument holds here. If a dispute over some interpretation of Sharia law reaches the court system, then Sharia law will need be addressed by the courts.

Stoning and honor killings are already illegal under the criminal laws of every jurisdiction in the Republic. Sharia law does not overrule these laws.

I do have one question - using my analogy to the Presbyterian Church (USA); the PC-USA has a written constitution, consisting of the Book of Order and the Book of Confessions. Where is Sharia law written down? To the best of my knowledge, there is no definitive compilation of Sharia law, which would make for difficulties if disputes are taken to the US legal system.


47 posted on 01/10/2012 2:10:23 PM PST by bagman
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To: AtlasStalled
The old pesky supreme law is going to get in the way of this. ( Article VI, para 2.) Congress can't pass any laws that infringe upon or do away with the Bill of Rights or any other law contained within the Constitution. That's the pursuancy test. Not pursuant? Sorry, Charlie. Go peddle that crap in some other country that welcomes maiming and beheading in the name of some bloodthirsty a-hole.

It's time the judiciary and lawmakers started reading the constitution again. Especially the retards that migrate to this country who expect to change our laws until they are pursuant to the dicatates of terrorists.

48 posted on 01/10/2012 2:11:26 PM PST by Eastbound ( 3-7-77)
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To: George from New England
Might the ten commandments be considered “international law”

Might you be considered stupid for asking?

49 posted on 01/10/2012 2:12:46 PM PST by itsahoot (You are no longer a person, you are a Unit when you need health care.)
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To: skeeter

How? Judges don’t serve at the whim of the POTUS as they are appointed for life. Is he planning on impeachments?


50 posted on 01/10/2012 2:16:05 PM PST by 1010RD (First, Do No Harm)
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To: Cowgirl of Justice

These judges are swine.


51 posted on 01/10/2012 2:16:41 PM PST by rcofdayton
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To: Jim Robinson

[ Gingrich was right. ]

Despite his recent shenanigans, I agree with you and think i may support Gingrich over Romney for his position on Judges.


52 posted on 01/10/2012 2:16:52 PM PST by GraceG
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To: bagman
If a dispute over some interpretation of Sharia law reaches the court system, then Sharia law will need be addressed by the courts.

Sharia Courts are a reality even here, England is over run with them.

Texas: 200 imams taught how to run sharia courts

53 posted on 01/10/2012 2:22:37 PM PST by itsahoot (You are no longer a person, you are a Unit when you need health care.)
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To: KarlInOhio

I was watching a History Channel documentary or one of the other really good documentaries on Hitler and WW2 and they mentioned this in passing.

I have read in the past that one of Hitler’s goals was to build airplanes large enough to cross the Atlantic Ocean and kamikaze them into the skyscrapers of Manhattan because that is where Jews were concentrated. And who ran airliners into the WTC buildings?

I have also just recently heard that his book, “Mein Kampf” was based on Islamic teachings. I’ll have to do some research on that. I do know that the yellow star of David that Jews had to wear did come from Islam when Muzzies did that to Jews a long time ago. I don’t know how much of Islam Hitler studied but obviously he was influenced and inspired by it.

If you read the history of the Muslim Brotherhood and its connections with the Nazis and Hitler
http://archive.frontpagemag.com/readArticle.aspx?ARTID=11146

it doesn’t surprise me how much Hitler was influenced by it, used it, and wanted all of Germany to to adopt it. Considering he was a Leftist who was “down with the kampf/struggle/jihad” and how similar Leftism and Islam are is it any surprise to see how Islam is spreading all over the Middle East, Europe, America and other parts of the world with the help of the Left?


54 posted on 01/10/2012 2:23:20 PM PST by Jack Hydrazine (It's the end of the world as we know it and I feel fine!)
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To: 1010RD
as they are appointed for life.

Ever actually read the Constitution? They are not appointed for life in the Constitution, any more than separation of church and state is in the Constitution.

55 posted on 01/10/2012 2:26:18 PM PST by itsahoot (You are no longer a person, you are a Unit when you need health care.)
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To: AtlasStalled

When I first read the headline, I assumed there was an error and the decision was handed down from the 9th District Court of Appeals.

Apparently there must be a contest among Circuit Courts to find which one can destroy our Constitution first.

EODGUY


56 posted on 01/10/2012 2:27:02 PM PST by EODGUY (Hold on to your copies of the Consititution of the United States. It is going to be re-written.)
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To: AtlasStalled

“So is the Tenth Circuit now saying its okay to stone women to death who are victims of rape?” No it is not.

You won’t find anyone less admiring of Islam than me but even the Koran does not call for stoning rape victims. Though early Jewish law allowed stoning for adulterers.


57 posted on 01/10/2012 2:27:20 PM PST by arrogantsob (Obama must Go.)
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To: 1010RD
Federal judges shouldn't be allowed to make sh*t up, either.

I do not know the specifics, but I'm sure the founders provided a process whereby a lifetime-appointed judge going off the rails can be removed, and if the president wants to head up such an effort, that fine with me.

And these guys are going off the rails.

58 posted on 01/10/2012 2:35:00 PM PST by skeeter
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To: 1010RD

You obviously don’t know much about the Koran. It is explicit that a woman’s testimony is worth only one-half of a man’s testimony, thus it would take the testimony of two to three women to win against a man in a Sharia court. Therefore a woman who is raped must have a number of eyewitnesses to the act, otherwise she is simply ruled an adulterer and is subject to being stoned to death. I lived in Jordan for two years (1975 to 1977) and I know this to be true.


59 posted on 01/10/2012 2:39:56 PM PST by RightWingConspirator (Obamanation--the most corrupt regime since Robert Mugabe's Zimbabwe)
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To: edcoil

[ “overwhelmingly approved by Oklahoma voters last year, prevents judges from basing rulings on international law — and specifically mentions Islamic law, often known as Shariah law. “

Isn’t this a good thing as they must pass laws based on the Constitution - not other laws? ]

In this PC environment they should have just put in “Internationally Recognized Religious Law Systems” or some other such language that would cover Sharia but not mention it directly. That way the SCUM lawyers would look like fools trying to go against it.


60 posted on 01/10/2012 2:40:07 PM PST by GraceG
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