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To: Nachum; Lurking Libertarian; OldDeckHand
Alright, this bill at least isn't as insane as the Arizona bill from last year. The South Carolina bill only prohibits the enforcement of foreign law "if it would violate a constitutionally guaranteed right of this State or of the United States." That actually seems like a good idea unless I'm missing something - if nothing else, it should at least help fight "libel tourism".

The Arizona bill barred enforcement or even consideration of foreign law in Arizona courts, whether constitutional rights were implicated or not. Furthermore, it provided that reliance on foreign law by an Arizona judge was "grounds for impeachment and removal from office." Fortunately, it never made it out of committee.
13 posted on 02/04/2011 5:37:12 PM PST by The Pack Knight (Laugh, and the world laughs with you. Weep, and the world laughs at you.)
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To: The Pack Knight; Lurking Libertarian
"The South Carolina bill only prohibits the enforcement of foreign law "if it would violate a constitutionally guaranteed right of this State or of the United States."

First, you're right. Despite how it's described in the article (and it's described poorly, if not entirely inaccurately), this particular state statute isn't as crazy those passed in Tennessee and Oklahoma (OK might have actually been a Constitutional Amendment).

In any event, can you think of any private arbitration agreement that would be enforceable under existing US federal law, or South Carolina state law in instances where contractual obligations violate "constitutionally guaranteed right(s)"?

Neither can I.

Although, I would stipulate that this is South Carolina, so who knows what kind of crazy-ass provisions are secreted away in that state constitution. Of course, even with this state statute, any limitations or prohibitions on binding arbitration established by state law would (I believe) be superseded by the Federal Arbitration Act (see: Southland Corp. V. Keating, 465 U. S. 1).

Which of course begs the question, why. Why go through this ridiculous legislative circus, to prevent something that is already clearly prohibited by existing federal law and volumes of Supreme Court precedent?

After the Legislative body of South Carolina remedies the problems of Sharia Law being forced upon their frail citizens and whatnot, maybe they can then pass additional laws forbidding mad-scientist from creating earth swallowing vortexes, and stuff - 'cause you know, that's a big problem, too.

20 posted on 02/04/2011 7:44:28 PM PST by OldDeckHand
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