10th Circuit: Amendment Banning Sharia Law is Not OK

Wall Street Journal ^ | 01/10/12 | Ashby Jones

[redgolum]

What was the justfication?

[PapaNew]

OK needs to nullify the ruling and abide by the amendment as passed by the OK State voters.

[mquinn]

I’m sorry, but I’m having trouble figuring this out. Courts can declare laws unconstitutional, i.e. the constitution says A and perhaps the law says !A (not-A), so the constitution takes precedence.

Now, a constitutional amendment is an addition to the constitution, yes? It becomes a literal PART of the constitution?

How can a court declare something that is literally a part of the constitution unconstitutional?

[kevao]

OK should become a non-sharia “sanctuary” state.

[PapaNew]

Is he planning on impeachments?

Why not? The Constitution says judges may remain as long as they remain on good behavior. I've long said that "good behavior" means preserving, protecting, and defending the U. S. Constitution and if any federal judge is found to have clearly and repeatedly ignored or wrested the text or best original good-faith understanding of the Constitution, he is NOT on good behavior and may be impeached.

[PapaNew]

SCOTUS judges are appointed as long as they are on “good behavior.” As far as I and many others are concerned, repeatedly ignoring or changing the Constitution from the bench is NOT good behavior and should subject the justice/judge to impeachment

[chiller]

The way I understand it, you can’t single out one specific group (equal protection). So the law would have been ok, if they had not put in the extra step of naming sharia.

The brazenness and idiocy aside, you may be correct. Plus, to date, there have been no instances in OK which could have caused this suit. OK was correct, imho, but probably premature. They were asking the court to rule on a hypothetical.

We must remain on alert, however. The CAIR types are looking for a tent, under which they can slip their camel's nose....under the guise of political correctness, victimhood, religious persecution, blah, blah, blah.... They're exploiting the wonderful features of our constitution and using them against us and it pisses me off !

[PapaNew]

The English Constitution isn't written down and can be changed by Parliament. That can't happen here.

Right, except here, the U.S. Constitution is written down and can be changed by SCOTUS on a whim.

[Freedom_Is_Not_Free]

If I tried to impose the “laws” of the Holy Christian Bible, the 10th Circuit would run me out of town on a rail.

Or how about I join a group and we pass a law that we are exempt from State & Federal taxation? That would go over well with the 10th circuit.

Sorry Muslim bozos, but you are bound by the laws of the land. We are a nation of laws and as long as you are under US jurisdiction, you are bound by those laws. A state has every right to ban the laws of one man as interpreted by the general public who have no legal authority to self-governing outside of their state & local laws.

The free exercise of Islam simply does not allow Muslims to superceded federal, state, County, Parish, City, and Township laws with made up laws of their own.

[Karliner]

Someone please explain to me how America can have two separate laws, two separate ideologies and they’ll never clash nor conflict? Please discuss, this is lame. Shar’ia law should never even be taken into consideration, ever.

[Secret Agent Man]

The 10th circuit just made itself legally null and void on this issue.

[greeneyes]

Yes, I agree we need to keep alert. After studying the majority opinions, Oklahoma may just need to make a simple fix to the law to make it ok. I hope they continue this, cause if they don't(all the states need to also)then, Sharia will start sneaking in.

[1010RD]

OK, now think about it in practical terms. How does this actually happen.

[colorado tanker]

I am as frustrated as you when activist judges make up law. But we are not talking here about a Roe v. Wade or Miranda. We are talking about throwing over our legal system based on the Constitution and English Common Law for a completely different legal system. Not gonna happen.

[TheOldLady]

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[PapaNew]

It’s called “under rule” (as opposed to “overrule”). The state and its Supreme Court “under-rules” the federal courts essentially nullifying its decision and continue with the amendment as state law.

[PapaNew]

Not gonna happen.

No, but the Leftists ("progressives") have learned to bide their time and chip away slowly. Not all at once. But if some major & catastrophic political/cultural were to occur, we might be looking at a different story there too.

[Reily]

Judges have been impeached before.
The point I was making is there is nothing unconstitutional in Congress intervening in a dramatic fashion regarding the inferior federal courts. Some of the first legislation passed by Congress created the inferior (meaning less then the Supreme Court!) federal courts. If you can create you can do the opposite. Anyone who says that isn’t true is doing a Chinese menu reading of the Constitution.

[ought-six]

“How is this not tyranny?”

Because it IS tyranny.

[glock rocks]

How do we stand up for ourselves?

Here's yer burka. Now get back in line.

I seek the same answer. Prayer helps.