As momentum builds across the U.S. to reinforce safeguards for the primacy of American laws in the U.S. legal system through legislation at the state level, the Muslim Brotherhood and its supporters are beginning to panic.
To date, Arizona, Kansas, Louisiana, South Dakota, Oklahoma, and Tennessee have all enacted legislation that would ensure primacy for U.S. Constitutional law in cases where enforcing foreign laws or judgments, including Islamic law (sharia), “would deprive a party of a constitutional right or liberty,” as explained by David Yerushalmi, Co-Founder and Senior Counsel of the American Freedom Law Center (AFLC).
In mid-summer 2013, the North Carolina legislature, both House and Senate, passed HB 522, the Foreign Laws/Protect Constitutional Rights Bill, with broad bipartisan support. Not surprisingly, the HAMAS and Muslim Brotherhood-affiliated Council on American Islamic Relations (CAIR), which was named by the Justice Department an unindicted co-conspirator in the 2008 Holy Land Foundation HAMAS terror funding trial, has mounted an email blitz campaign, urging North Carolina Governor Pat McCrory to veto the bill instead of signing it.
Written in neutral language, this bill is modeled after American Laws for American Courts (ALAC) language offered by the American Public Policy Alliance (APPA). The North Carolina bill, now before Governor McCrory for signature into law, specifies that the intent of the measure is to “protect its citizens from the application of foreign law that would result in the violation of a fundamental constitutional right of a natural person.”
Thus, contrary to some of the criticism aimed at this bill, there is nothing in its language that would prohibit consideration of foreign law in North Carolina courts: it is only if and when application of such foreign law (sharia or any other) would deprive persons before a North Carolina court the rights to which they are entitled under the U.S. Constitution (and its derivative laws).
In such a case, American law would take precedence over foreign law. In cases that involve no conflict between U.S. law and foreign law, comity (mutual recognition of a respective country’s legislation) may be applied.
With the June 2011 publication by the Center for Security Policy (CSP) of a report entitled “Shariah Law and American State Courts: An Assessment of American Appellate Court Cases,” the American Public Policy Alliance took notice that Islamic law increasingly has entered into state court decisions in ways that conflict with the U.S. Constitution and state public policy.
Alarmingly, not only do some judges not understand what sharia is, but make decisions that defer to it even when those decisions conflict with U.S. Constitutional protections. Islamic law is antithetical to American laws, principles and traditions in many ways, but most specifically in its rejection — and even criminalization — of basic freedoms, including freedom of belief, press, speech, due process, equal protection under the law, privacy and the right to bear arms
Read more at The Clarion Project