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Old 11-05-2010, 08:56 PM
Victorious Victorious is offline
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Join Date: Apr 2010
Location: Fort Smith, AR
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Re: OKlahoma voters reject foreign laws

Quote:
Originally Posted by Twisp View Post
Yes, the Oklahoman measure that was voted on specifically bans the application of Islamic law and orders judges in the state to rely only on federal law when deciding cases. That is is in direct violation of "Congress shall make no law respecting an establishment of religion".

The 1st amendment separates church from state already, so there was no need for this measure. The fact that is specifically targets Islam makes it unconstitutional.
The problem with this argument is that the establishment clause in the 1st Ammendment is specifically targeted at the US Congress not state congresses. Secondy the Oklahoma law is not "...respecting an establishment of religion." It is denying the validity of specific religious and international laws in deciding domestic and criminal court cases in the state of Oklahoma. States are given jurisdiction to create such laws by the very same Constitution that limits the powers of the Federal Government.
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