In a message to Republicans Phyllis Schalfly writes:
“Justice Ruth Bader Ginsburg has proved again why she doesn’t belong on the U.S. Supreme Court. She really doesn’t like our U.S. Constitution, which she swore to uphold and defend, and she probably would like to rewrite it with input from various foreign laws and constitutions.
On a junket to Egypt in January, where the rebels are trying to figure out how to set up a government, she gave her advice. “I would not look to the U.S. Constitution, if I were drafting a constitution in the year 2012,” and she suggested using South Africa’s constitution as a model rather than ours.
Ginsburg also urged the Egyptians to consult Canada’s 1982 Charter of Rights and Freedoms and the European Convention on Human Rights. “Why not take advantage of what there is elsewhere in the world?” The South African and Canadian courts have both approved same-sex marriage.
Our Constitution, which has endured for more than two centuries and is the longest lasting Constitution in the world, states clearly that it is “the supreme law of the land; and the judges in every state shall be bound thereby.” The Constitution also requires all judicial officers to “be bound by oath or affirmation, to support this Constitution.”
Doesn’t that depend on where the laws have come from?
Roy Stewart Moore (born February 11, 1947) is an American jurist and Republican politician noted for his refusal, as the elected Chief Justice of the Supreme Court of Alabama, to remove a monument of the Ten Commandments from the Alabama Judicial Building despite orders to do so from a federal judge. On November 13, 2003, the Alabama Court of the Judiciary unanimously removed Moore from his post as Chief Justice. In the years preceding his election to the Alabama Supreme Court, Moore had successfully resisted previous attempts to have a display of the Ten Commandments removed from the courtroom where he was employed. The controversy around Moore generated national attention.
In this case Republicans and other religious leaders were appalled since many of our laws are based on laws supposedly inscribed on stone tablets by God and given to a Jewish leader.
King James Version (KJV)
1And God spake all these words, saying,
2I am the LORD thy God, which have brought thee out of the land of Egypt, out of the house of bondage.
3Thou shalt have no other gods before me.
4Thou shalt not make unto thee any graven image, or any likeness of any thing that is in heaven above, or that is in the earth beneath, or that is in the water under the earth.
5Thou shalt not bow down thyself to them, nor serve them: for I the LORD thy God am a jealous God, visiting the iniquity of the fathers upon the children unto the third and fourth generation of them that hate me;
6And shewing mercy unto thousands of them that love me, and keep my commandments.
7Thou shalt not take the name of the LORD thy God in vain; for the LORD will not hold him guiltless that taketh his name in vain.
8Remember the sabbath day, to keep it holy.
9Six days shalt thou labour, and do all thy work:
10But the seventh day is the sabbath of the LORD thy God: in it thou shalt not do any work, thou, nor thy son, nor thy daughter, thy manservant, nor thy maidservant, nor thy cattle, nor thy stranger that is within thy gates:
11For in six days the LORD made heaven and earth, the sea, and all that in them is, and rested the seventh day: wherefore the LORD blessed the sabbath day, and hallowed it.
12Honour thy father and thy mother: that thy days may be long upon the land which the LORD thy God giveth thee.
13Thou shalt not kill.
14Thou shalt not commit adultery.
15Thou shalt not steal.
16Thou shalt not bear false witness against thy neighbour.
17Thou shalt not covet thy neighbour’s house, thou shalt not covet thy neighbour’s wife, nor his manservant, nor his maidservant, nor his ox, nor his ass, nor any thing that is thy neighbour’s.
18And all the people saw the thunderings, and the lightnings, and the noise of the trumpet, and the mountain smoking: and when the people saw it, they removed, and stood afar off.
19And they said unto Moses, Speak thou with us, and we will hear: but let not God speak with us, lest we die.
20And Moses said unto the people, Fear not: for God is come to prove you, and that his fear may be before your faces, that ye sin not.
21And the people stood afar off, and Moses drew near unto the thick darkness where God was.
22And the LORD said unto Moses, Thus thou shalt say unto the children of Israel, Ye have seen that I have talked with you from heaven.
So we see it is perfectly OK to follow the 10 Commandments in this country however:
Islamic Sharia Law to Be Banned in, ah, Oklahoma
Oklahoma is poised to become the first state in the nation to ban state judges from relying on Islamic law known as Sharia when deciding cases.
The ban is a cornerstone of a “Save our State” amendment to the Oklahoma constitution that was recently approved by the Legislature.
The amendment — which also would forbid judges from using international laws as a basis for decisions — will now be put before Oklahoma’s voters in November. Approval is expected.
Oklahoma has few Muslims – only 30,000 out of a population of 3.7 million. The prospect of sharia being applied there seems remote. But a chief architect of the measure, Republican State Rep. Rex Duncan, calls the proposed ban a necessary “preemptive strike” against Islamic law coming to the state.
“I see this in the future somewhere in America,” Duncan, who chairs the state House Judiciary Committee, told ABC News. “It’s not an imminent threat in Oklahoma yet, but it’s a storm on the horizon in other states.”
Sharia – which means “path” in Arabic – governs many aspects of Muslim life and influences the legal code in a majority of Muslim countries.
There are many interpretations of what Sharia means, but in some countries strict interpretations “are used to justify cruel punishments such an amputation and stoning as well as unequal treatment of women in inheritance, dress and independence,” according to the Council on Foreign Relations.
Heri Juanda/AP Ph
A Shariah law official whips a man convicted of gambling with a rattan cane during a public caning in Aceh Besar, Aceh province, Indonesia, Jan. 29, 2010. Oklahoma is poised to become the first state in the nation to ban state judges from relying on Islamic law known as Shariah when deciding cases. Close
Sharia has gained a toehold in some western countries, notably Great Britain, where five sharia courts have been established to settle certain disputes among Muslims, with the government’s blessing.
The proposed Oklahoma amendment is aimed, in part, at “cases of first impression,” legal disputes in which there is no law or precedent to resolve the matter at hand.
In such cases, judges might look to laws or rulings in other jurisdictions for guidance. The proposed amendment would block judges in Oklahoma courts from drawing on sharia, or the laws of other nations, in such decisions.
The amendment also is a response to what some conservatives see as a pernicious trend — cases of liberal judges mostly notably Supreme Court Justice Ruth Bader Ginsberg, using foreign laws to shape their opinions in U.S. cases.
“It should not matter what France might do, what Great Britain might do, or what the Kingdom of Saudi Arabia might do,” Duncan said. “Court decisions ought to be based on federal law, or state law.”
Oklahoma Law May Not Be Constitutional
Legal experts contacted by ABC News said they did not know of one instance of a judge in the U.S. invoking sharia in rendering a decision.
“Cases of first impression are rare,” said Jim Cohen, a professor at the Fordham University School of Law in New York City, adding, “I have never heard of a case” involving sharia.
Cohen added that he questions whether the proposed amendment would pass constitutional muster.
“Our federal system and our state system is in part governed by the concept of separation of powers. It’s far from clear that the Oklahoma legislature can restrict what a separate branch of government can consider in terms of doing its job – in this case, deciding cases,” he said.
“I think this is a political statement against Muslims and, inferentially, in support of United States values,” Cohen said.
Duncan said that is not the case. “The only entities that could oppose this measure are those that admittedly support applying international law and sharia law in American courts. If that’s what they think they need to be bold enough to say so.”
But is our law based only on laws passed in this country? No, it is largely based on English common law because that is what our founding fathers were exposed to.
http://www.lonang.com/exlibris/blackstone/ which gives an overall look and seeks to create more of an equality. However our nations laws have been formed by ideas from other lands and do not simply stand on their own. They were not handed down by God but were a result of hopefully reasoned debates. To complain that they are otherwise is denying reason. However the 10 Commandments certainly do provide a basis we can all try to live up to even if they do come from another country and another time.
Do not forget “Do onto others as you would have others do unto you and you should love your neighbor as yourself.”