Federal appeals court declares Oklahoma sharia ban unconstitutional
Daniel S. writes:
Robert Spencer at Jihad Watch has posted an article detailing the federal appeals court ruling upholding a lower federal court ruling which held an Oklahoma state constitutional amendment to be unconstitutional. The outcome is hardly surprising or unexpected, but a couple of points are worth making. First and foremost, the traditional constitutional order in America is dead, and has been for some time. When most federal judges rule something unconstitutional, what they mean is that it is non-liberal and thus unacceptable. With that in mind, our judicial elites, even in the face of legislation passed through popular vote (the vehement opposition to the ID checking law in Arizona is another case in point), make it essentially illegal for us to defend ourselves as a society. Finally, men like Spencer need to realize that the liberal concepts which they promote, and which modernity is built upon, such as tolerance and equality, are the concepts that make this court ruling possible in the first place.
At American Thinker, Christopher Holton argues, rather effectively I think, that the proposed statute was legally flawed, and that a better alternative is available.LA replies:
One wonders, what were the Oklahoma lawmakers thinking? Weren’t they aware that any state laws objectionable to liberals are instantly put through the ringer of the federal courts, and that even the strongest and most carefully written laws are sometimes overturned? It sounds as though they didn’t think very much about constructing a bill that could withstand the inevitable challenge.Carol Iannone writes:
The Constitution is not dead, Larry. The Constitution is dead when you are arrested and not given due process. The Constitution is dead when Larry Auster is taken away in the middle of the night and never heard from again. The Constitution is dead when someone comes to your apartment and says it’s too large for one person; you’ll be sharing it with another person; all property belongs to the people now. The Constitution is dead when you have to be aware where you work that some of your colleagues, clients, or visitors are there to spy on you, overhear what you say, and have you questioned or arrested if you say anything out of order. The Constitution is dead when you can’t be hired anywhere because of something you’ve written or spoken. The Constitution is dead when you have to be careful about talking to foreigners because this can be seen as suspicious. The Constitution is dead when one of the only ways you can travel out of the country is to undergo surgery that classifies you as disabled (the government doesn’t have to pay your disability while you’re abroad so they don’t care as much).LA replies:
My answer to Carol is that there is a lot of death in a constitution. Of course, the Constitution is not dead in all respects, but in key respects it is dead. Only about six people in the country seem to know or care any more, but, as I have discussed endlessly, through the revolutionary judicial transformation of the 14th Amendment, especially via the Incorporation Doctrine, the Constitutional relationship between the federal government and the state governments has been turned on its head. Instead of the federal Congress being restrained in what it can do to the states, the federal judiciary has virtually unlimited power over the states.
Posted by Lawrence Auster at January 12, 2012 07:20 AM | Send