The Rabid Conservative

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A CAIR-less Ruling

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What is it with liberal judges these days feeling like we have to look outside the American judicial system for our rule of law?

So the Tenth (short)-Circuit court of appeals handing down a ruling that just made the folks at CAIR giddy with excitement.  The people of the State of Oklahoma, by a 70% vote, decided on a state constitutional amendment to forbid the courts from judging from any body of laws other than Federal law and the laws of the state of Oklahoma.  The amendment specifically singled out international and Sharia law as not to be used in the courts.

The Tenth Circuit, comprised of mostly liberal to moderate appointees (about 12-4), ruled that the law was unconstitutional.  Muneer Awad (funny name – a wad) argued on behalf of the Council on American  Islamic Relations (CAIR), which is basically a front group for Muslims who want to basically turn America into an Islamic state.  He cited all this “personal damage” to which he would be immediately exposed if Islamic law were banned from the courts.

I’ve always found it strikingly odd that an amendment to any constitutional document is “unconstitutional”.  Constitutional documents are supposed to set the basis for all law in the land – that’s why it should be very hard to modify them, but in so doing, represented the will of the people.  In the end, it’s not up to some limited group of legal dolts to tell us what is to be “constitutional”.  The court is only there to interpret the constitution, which is the will of the people.  If the people, collectively, change their opinion of something and codify that in the constitution, then so be it.

Take prohibition for a moment.  In 1919,. the 18th Amendment to the US Constitution was ratified which banned alcohol.  Thus, forbidding alcohol was “constitutional”.  Then in 1933, the 21st Amendment repealed the 18th Amendment, thus, forbidding alcohol became “unconstitutional”.

It is not up to the courts to decide what the people call “constitutional”. If the people call something “constitutional” then that is what the court is supposed to say.  But if the people decide to amend their constitution, it is arrogant and wrong for a group of judges to tell them that they can’t.  After all, it’s “By the People, For the People”, not “By the Judiciary, For those in the minority who gripe”.

The thing is, Muslims want to supplant the laws of America which grant individual liberty and freedom with Sharia law.  They gripe about how the amendment called out Sharia law by name and cited anti-Muslim bigotry.  Notwithstanding that Sharia law is one of the most discriminating and bigoted legal systems in the world, but hey, details, right?

I don’t care if a Muslim wants to follow Sharia law or not.  As a Christian, I follow laws that are not codified in the legal lawbooks of the people.  However, I don’t expect the courts to bring the Bible into account when judging people.  And I don’t think Muslims should have the opportunity to cite Sharia law whenever a husband feels like he can beat or kill his wife for doing something that is condemned in Islamic law and tradition, but not in the regular body of laws.

Back in 2009, Justice Ruth Bader Ginsburg made the audacious statement about using foreign and international laws and precedents to decide cases in America.  This blows my mind because it basically says that we Americans aren’t smart enough to figure out anything that isn’t already codified in our laws.

This whole thing should irritate you rabid conservatives out there because we tend to believe that we’re smart enough to come up with our own decisions on law, rather than worrying about what some judge in some foreign land says.  The Founders never wanted Americans to be judged from religion, but rather, from individual conscience.  If a Muslim makes law, judges law, whatever from his own personal convictions, that’s one thing, but applying Sharia in the courts, even if the petitioners are Muslim, is inappropriate.

Unless you’re a liberal who thinks that every other system of law is better than ours or something.

Right now, there is quite an uproar over in England.  Muslims over there are protesting and trying to get the UK to adopt Sharia law.  Groups like CAIR simply want it to happen here too, because if one thing annoys Muslims more, it’s American liberty and freedom.  This is why they call us the Great Satan – because we don’t tie our laws to religion and yet, we allow people to believe and vote their conscience.  Muslims are still throwing rocks at women for showing their hair and Molotov Cocktails at those who look at them.

So, Muslims, it’s not about you or your law – if you want to follow Sharia law and wrap your women up in head-to-toe in burquas, that’s fine, go right ahead.  Just don’t expect the rest of us to care about Sharia law, the Quran’s teachings or accept the ramblings of Mohammad as important, particularly when deciding cases in America.


Written by The Rabid Conservative

January 11, 2012 at 2:38 pm

Posted in Political

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