Kansas! A Big Win For U.S. Justice!

It isn’t often that I get to brag on my home state.  I view our lawmakers as followers of national whim as opposed to standing on the principles of the typical Kansan.  But, this weekend, they bucked that trend and the Kansas senate passed a bill banning foreign law from being used in state courts.  It had already passed the House.  Governor Brownback is expected to sign it into law. 

Although the law doesn’t specify Islamic moral code or Sharia law it is seen as the purpose of the bill.  Many people have already condemned the bill as unnecessary, insinuating that this wouldn’t be a problem in the U.S.  But, upon inspection, we see where there have been at least 50 cases in the U.S. where Sharia law has been applied, in part, in deciding the cases.  Other’s have seen this as socially intolerant and Islamaphobic.  It isn’t.  This is the people of a state affirming their values and not wishing our legal process become corrupted by outside foreign influences.   

A constitutional test of this law will be quite a study.  Some judicial decisions in the past used old British common law as part of the ruling.

The reactions of various commenters in various places such as the Huffington Post is an interesting study.  While some view Kansas’ law as intolerant, the application of Sharia law (in its various forms) should be seen as much more intolerant in many cases, such as child custody. 

My thoughts are this.  In the U.S. judicial law is derived from constitutional and legislative law.  That is to say, our laws are codified.  And, they are codified through a democratic and representative process.  And application of any foreign law must be either voted on by the various legislatures or amended  to the U.S. Constitution.  The application of old common law principles would not be nullified as Sharia law is not be common among the people of the U.S. 

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12 Responses to Kansas! A Big Win For U.S. Justice!

  1. Latitude says:

    I’d move to Kansas if you’d get rid of the tornadoes……..

    I could just see the reaction of the “tolerant left” if someone told them stoning gay people was legal because Sharia law says so…………;)….or telling women they can’t drive, get an education, or own property…………

    • suyts says:

      Exactly. I can only view the reactions by the loons of the left as simply anti-American. Surely, most of them would find their life and world views as incompatible the application of the various forms of Islamic law.

      • omnologos says:

        Not sure if I qualify as a “loon” but the point in the UK was (is) that if two people freely agree to resolve their dispute using a means of their choice (eg a Sharia scholar), the State should leave them alone.

        That is of course only possible under “common law” and all that. And it is a very complex subject to analyze.

        • Latitude says:

          Well that’s just great…….I choose to have Howdy Doody resolve my dispute
          Now what would that do to state and federal laws? and what about people that practice Wicca or Santaria? Voodoo even?

        • suyts says:

          I think the application in that manner is more contractual than a question of law. I’ve no objection to people entering private agreements, as long as it doesn’t run contrary to U.S. or state law. And, this is where most of the linked cases have applied. (domestic)

  2. Latitude says:

    Kodak Had a Secret Nuclear Reactor Loaded With Weapons-Grade Uranium Hidden In a Basement

    Kodak may be going under, but apparently they could have started their own nuclear war if they wanted, just six years ago. Down in a basement in Rochester, NY, they had a nuclear reactor loaded with 3.5 pounds of enriched uranium—the same kind they use in atomic warheads.


  3. DaveG says:

    Sanity occasionally bubbles to the surface of the scum pond for a quick look.
    Good for Kansas.

  4. Latitude says:

    “There is real and justified fear on the streets of Greece at the moment. People are going hungry and those with money feel threatened by kidnap. My banker friends in Greece tell me about nine billion euros left the country after the election.”


  5. DaveG says:

    Latitude says:
    May 14, 2012 at 11:01 am

    “There is real and justified fear on the streets of Greece at the moment. People are going hungry and those with money feel threatened by kidnap.
    Latitude you have sparked a powerful memory in me.
    Years ago I flew on dirt cheap 7 package tours out of London to Greece (about a $100). I had no intention of flying back. Instead I went to a famous area that sells cars from all over Europe, these cars are sold by people making a one way trip to Greece and then traveling on to the middle or far east leaving the car’s behind with the same German,French, UK eyc.. license plates. I met a great HARD working Greek guy selling one such car, he had a duel British and Greek citizenship. We became great friends and I spent the next 10 days staying with his family at his beautiful home on the hills overlooking Athens, he traveled all over Greece with my wife and I showing us the sights, he was a eloquent and very funny man who knew world and Greek history and enthralled us with the great battles and nation building tales.. I brought his car and we eventually left Greece, he drove with us to the border (We all had tears in our eye’s) We spent the next 2 months drive through Yugoslavia up the Adriatic coast into Italy and did the rest of Europe at our leisure. I arrived back in the UK and gave the car to my Uncle, then flew back home to Vancouver, Canada.
    The point is he and his family were warm, caring, honorable and honest and so were all his friends and associates who I later got to know. It was the trip of a life time and adventures galore.
    For many years I had planed to by a place on Corfu, but that plan will have to wait.
    In the meantime it will take Greek people like my friend to rebuild that beatiful country.

  6. philjourdan says:

    YOu have taken a baby step. The next 2 steps are Eric Holder and the ACLU. You will be sued to over turn the law.

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