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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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So is the Tenth Circuit now saying its okay to stone women to death who are victims of rape? The good people of Oklahoma should be applauded for rejecting that barbarity known as Sharia law, and shame on the Tenth Circuit for apparently accepting it as just another set of religious beliefs which must be accomodated by the courts.
1 posted on 01/10/2012 1:07:33 PM PST by AtlasStalled
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To: AtlasStalled

“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?


2 posted on 01/10/2012 1:09:49 PM PST by edcoil (It is not over until I win.)
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To: AtlasStalled

So another form of government is allowed to trump US law?

On our soil?

Let those judges offer up their daughters to honor killings and acid attacks or cutting off their fingers for wanting an education, then get back to me.


3 posted on 01/10/2012 1:10:54 PM PST by Cowgirl of Justice
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To: AtlasStalled

Gingrich was right.


4 posted on 01/10/2012 1:12:47 PM PST by Jim Robinson (Rebellion is brewing!! Impeach the corrupt Marxist bastard!!)
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To: AtlasStalled

I think you misunderstood the ruling.


5 posted on 01/10/2012 1:12:47 PM PST by Jean S
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To: AtlasStalled

6 posted on 01/10/2012 1:13:23 PM PST by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both)
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To: AtlasStalled

bump


7 posted on 01/10/2012 1:16:36 PM PST by tutstar (Want pings to Aaron Klein articles and OWS nonsense?)
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To: AtlasStalled

Sorry! I am the one who misunderstood this.


8 posted on 01/10/2012 1:17:15 PM PST by Jean S
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To: AtlasStalled

So... laws are no longer interpreted on the U.S. Constitution, opening the way for Sharia to become codified in America.

Pray for whatever is left of this dying country....


9 posted on 01/10/2012 1:18:28 PM PST by ScottinVA (Liberal logic: 0bamacare mandate is acceptable... but voter IDs are unconstitutional.)
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To: AtlasStalled

Gingrich says he’ll start yanking judges... the idea never sounded better.


10 posted on 01/10/2012 1:19:13 PM PST by skeeter
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To: edcoil

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

The Tenth Circuit is ruling that Okalahoma cannot ban the use of Sharia law through an amendment to its state constitution.


11 posted on 01/10/2012 1:19:41 PM PST by AtlasStalled
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To: Jean S

It’s okay . . . sometimes these court decisions and legal articles are have so many double negatives in them it does get confusing!


12 posted on 01/10/2012 1:22:03 PM PST by AtlasStalled
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To: AtlasStalled

Through what means can a state ban Sharia then?


13 posted on 01/10/2012 1:22:03 PM PST by bigdirty
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To: Cowgirl of Justice
If the 10th circuit court is right, who gets to decide what law rules the people? Clearly not the people who approved the amendment. If the 10th circuit court decided Sharia or Scottish law, or International Law is suitable, what say do the people have? Apparently they cannot say no.
How is this not tyranny?
14 posted on 01/10/2012 1:22:40 PM PST by Old North State (Don't blame me, I voted for Pedro)
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To: AtlasStalled
The court ruled that, for starters, the law discriminated on the basis of religion

No... the law prevents OTHER laws -- religious or otherwise -- that conflict with the U.S. Constitution from being given consideration.

15 posted on 01/10/2012 1:24:04 PM PST by ScottinVA (Liberal logic: 0bamacare mandate is acceptable... but voter IDs are unconstitutional.)
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To: AtlasStalled

Thumb your nose, and ban it anyway.


16 posted on 01/10/2012 1:25:12 PM PST by pallis
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To: americanophile; Islaminaction; Kolokotronis; annalex; MahatmaGandu; NYer; La Lydia; AnalogReigns; ..
ISLAMIZATION PING LIST

"Mohammed is God's apostle. Those who follow him are ruthless
to the unbelievers but merciful to one another" - Quran 48:29

Infidels: freepmail me if you want on or off this list.

"The mosques are our barracks, the domes our helmets,
the minarets our bayonets and the faithful our soldiers."


17 posted on 01/10/2012 1:25:55 PM PST by americanophile ("this absurd theology of an immoral Bedouin, is a rotting corpse which poisons our lives" - Ataturk)
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To: AtlasStalled
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.

18 posted on 01/10/2012 1:27:46 PM PST by montag813
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To: bigdirty
Through what means can a state ban Sharia then?

Don't enact it in the first place.

19 posted on 01/10/2012 1:29:05 PM PST by colorado tanker
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To: bigdirty
Through what means can a state ban Sharia then?

Don't enact it in the first place.

20 posted on 01/10/2012 1:29:37 PM PST by colorado tanker
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