Council on American-Islamic Relations argues the preemptive law is unconstitutional
An update on that Oklahoma ballot initiative that (preemptively) bars state courts from considering sharia law (as well as international law): the Council on American-Islamic Relations is announcing a lawsuit challenging the measure, which passed overwhelmingly and amends the state’s constitution, as violating the U.S. Constitution.
We don’t have the text of the suit yet, but here’s a local news report on the challenge:
CNN reports that the Oklahoma measure may conflict with the First Amendment’s Establishment Clause. And CAIR seems to be attacking it from several directions:
The Establishment Clause
The First Amendment directs all government bodies to “make no law respecting the establishment of religion.” This measure violates that basic principle of American law and governance by specifically targeting one faith and one religious community.
Separation of Powers
Our federal system and our state system is in part governed by the concept of separation of powers. One branch of government cannot restrict what another branch of government can consider in terms of doing its job — in this case, deciding cases.
International law refers to the conduct of the relationships between sovereign nations. … International law is, according to the Supremacy Clause of the U.S. Constitution, the law of the United States of America.
How will this measure negatively impact Oklahomans of all faiths?
It will prevent Oklahoma courts from implementing international agreements, honoring international arbitrations, honoring major international human rights treaties, honoring marriages and divorces from other countries, and will cost jobs by sending the message that contracts between Oklahoma companies and international partners will not be enforceable. Oklahoma could become the only state in the nation incapable of enforcing international business law.
More Related Stories
- On freedom of speech, Obama-Nixon comparisons are apt
- Senate panel approves immigration overhaul
- Slave descendants seek equal rights from Cherokee Nation
- Peace Corps to allow gay couples to volunteer together
- Is abortion about to doom Republicans again?
- Anti-voter-fraud Tea Party group sues the IRS
- The Bachmann-inspired romance novel
- Nate Silver: Why the scandals aren't hurting Obama
- How to oust Michele Bachmann from Congress
- Rand Paul: Congress should apologize to Apple, not the other way around
- Who is Toronto Mayor Rob Ford?
- Colorado judge rules Abercrombie parent company violates Disabilities Act
- When America became a third-world country
- Inhofe and Coburn: Red state hypocrites
- It's Whitewater all over again
- Teen activist to meet with Abercrombie CEO
- Anyone regret slashing National Weather Service budget now?
- Oklahoma senator: Tornado aid "totally different" from Sandy aid
- Aloof, shifty Obama: Nixon times ten thousand!
- Obama: Moore "needs to get everything it needs right away"
- California Tea Party group files first IRS lawsuit
Featured Slide Shows
The week in 10 picsclose X
- 1 of 11
Lisa Montgomery embraces her nephew Thursday after a tornado tore apart her home in Cleburne, Texas. The twister killed six people and destroyed entire swaths of the North Texas town.
Credit: AP/LM Otero
Jack McMahon, the defense attorney for abortion doctor Kermit Gosnell, speaks outside the Criminal Justice Center in Philadelphia Tuesday. His client was convicted of killing three babies in his clinic, and will serve multiple life sentences.
Credit: AP/Matt Rourke
A photo taken Monday captures Vice President Joe Biden's response to a Milwaukee second-grader's innovative proposal to end America's epidemic of gun violence. This guy!
Credit: AP/Jenny Aicher
Sen. Rand Paul, R-Ky., flanked by a grouper-eyed Michele Bachmann, addresses the IRS' admission that it targeted Tea Party groups in advance of the 2012 election. In an op-ed for CNN Thursday, the Kentucky senator slammed the president for his faux outrage.
Credit: AP/Molly Riley
Ousted IRS chief Steven Miller is sworn in on Capitol Hill Friday. Miller testified before the House Ways and Means Committee on the extra scrutiny the agency gave conservative groups applying for tax-exempt status.
Credit: AP/J. Scott Applewhite
Attorney General Eric Holder pauses as he testifies on Capitol Hill before the House Judiciary Committee Wednesday. Holder is under fire, among other things, for the Justice Department's gathering of phone records at the Associated Press.
Credit: AP/Carolyn Kaster
O.J. Simpson sits during an evidentiary hearing at Clark County District Court in Las Vegas, Nev., Thursday. Simpson, who is currently serving a nine-to-33-year sentence in state prison for armed robbery and kidnapping, is using a writ of habeas corpus to seek a new trial.
Credit: AP/Las Vegas Review-Journal/Jeff Scheid
Major Tom to ground control: On Sunday astronaut Chris Hadfield recorded the first music video from space, a cover of David Bowie's "Space Oddity."
Credit: AP/NASA/Chris Hadfield
When it rains it pours. President Barack Obama speaks during a news conference Thursday with Turkish Prime Minister Recep Tayyip Erdogan, inexplicably inspiring an #umbrellagate Twitter meme.
Credit: AP/Jacquelyn Martin
A smoke plume rises high above a road block at the intersection of County A and Ross Road east of Solon Springs, Wis., Tuesday. No injuries were reported, but the the wildfire caused evacuations across northwestern Wisconsin.
Credit: AP/The Duluth News-Tribune/Clint Austin
Recent Slide Shows
- 1 of 11