I'm no lawyer by a long shot, but maybe it's worth passing a law against sharia law just in case some lawyer tries to use it somewhere. In fact maybe it's worth passing a law that no law except U S law is valid in the United States as silly as that sounds.
Such a law could throw contracts into chaos. Almost all contracts between entities in different states or countries have a "Choice of Law" provision and a "Choice of Venue" provision. Let's say that my company, a Pennsylvania company, enters into a contract with a Saudi Arabian company for performance in Saudi Arabia. The Choice of Law, naturally, is Saudi law, which is Shariah law. The Choice of Venue provision, however, specifies that the party initiating the dispute may choose to try the case in its home country or in the home country of the other party. Thus, if I initiate suit against the Saudi company, I can choose to have the case heard in Pennsylvania. However, Saudi law would have to be applied to the issues in the case. If Pennsylvania had a law like that under question, I would have no choice but to initiate suit in Saudi Arabia, because Saudi law could not be applied to the case, and therefore, any resulting judgement against the Saudi company could not be enforced in Saudi Arabia. On the other hand, to have the case heard in Saudi Arabia would place me at a severe disadvantage, almost guaranteeing my defeat.
No, just that they have no ability to punish their members beyond standing within that organization. Muslims combine governmental authority with choice of religious affiliation. That combination doesn't work with the Constitution, which is what they're going after here.
While I understand the intent, I'm not sure that this is practical in application. Beyond Jadaism and Catholicism, what about Masons, the Amish, or the numerous sororities/fraternities? Many organizations have their own rules. Are we to say that they are all defunct?
It's happening in some rather unlikely places, Texas being one, Virginia, Minnesota. Dangerous. Michigan actually has a neighborhood in Detroit where the police won't go.
Agreed, and that fact that it ISN'T a no brainer is the scary part. There are different court systems where I live. It can be very confusing with the jurisdiction sometimes.
This may be a very important step in states rights. If one researches court decisions a case can be built that federal law is foreign to state law, although the fedgov and its media lapdogs will deny it is valid. Granted, it will take a very courageous state governor and legislation to return the power of self government to the state and the sovereign people.
A blatant lack is causing grief across the board. What struck me about this was a man saying that given the choice of whether to follow US laws or shariah regarding polygamy, he said shariah! He needs a hard boot back to where he came from! He can enjoy 20 wives there if that's what he wants. NOT HERE!
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On one hand it is awesome to see states standing up for themselves like MT and AZ.
One the other hand it is unfortunate to see laws have to be struck to guarantee the freedoms we are already supposed to be guaranteed.
If one researches court decisions a case can be built that federal law is foreign to state law, although the fedgov and its media lapdogs will deny it is valid.
Granted, it will take a very courageous state governor and legislation to return the power of self government to the state and the sovereign people.
What struck me about this was a man saying that given the choice of whether to follow US laws or shariah regarding polygamy, he said shariah! He needs a hard boot back to where he came from! He can enjoy 20 wives there if that's what he wants. NOT HERE!