Another Day, Another Judge Usurping the Rights of the People

This time in Oklahoma:

A federal judge issued a temporary restraining order Monday to block a new amendment to the Oklahoma Constitution that would prohibit state courts from considering international or Islamic law when deciding cases.

U.S. District Judge Vicki Miles-LaGrange handed down the order after an Oklahoma man filed a lawsuit claiming the amendment stigmatized his religion and would invalidate his will, which he said is partially based on Islamic Law, also known as Sharia Law…

And it should invalidate that portion of the man’s will which is based on Islamic law. Such law has absolutely zero place in the United States of America. You want your will to be Sharia-compliant? Then move to Saudi Arabia and have at it – the only thing you will can be in America is American-law compliant. There are not just sufficient elements of American law to ensure a just distribution of the man’s property but, actually, elements which are vastly superior to Islamic law, which treats women as second class citizens in matters of inheritance, as in all other aspects.

The more important issue, right now, is the fact that a judge issued an injunction against the enactment of a law passed by a Constitutionally valid majority of the citizens of Oklahoma – such an act, unless it is in clear violation of some provision of the United States Constitution, is the final word. I can detect nothing in the United States Constitution which prohibits a sovereign State from determining that non-American law has no place in an American court. No judge has the competence to rule on it plus or minus. If someone doesn’t like it, then they’re only remedy is to apply to the people of Oklahoma to re-amend their Constitution.

It is time to reign in the judges – to force them to mind their proper business and not forever intrude upon the legislative power, which rests entirely with the people or their elected representatives. If we have to amend the US Constitution to spell this out, then so be it – but we can probably do it via legislation as there are provisions in the Constitution for Congress to regulate just what sorts of cases federal courts can hear. Free people use judges to referee disputes at law, and for nothing else – where there is no dispute (and there can be no dispute on the legality of a legitimately enacted law which does not violate any specific Constitutional injunction), then the courts must remain silent.

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