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Jewish World Review Nov. 11, 2010/ 4 Kislev, 5771 Checks (and Balances), Please By Arnold Ahlert http://www.JewishWorldReview.com | Yet again, much like what is ongoing in Arizona, the federal government, represented by U.S. District Court Judge Vicki Miles-LeGrange, is attempting to repudiate the will of the electorate in Oklahoma. Judge Miles-LeGrange put a hold on a law that bars courts in that state from considering Sharia Law for the purposes of rendering decisions in cases put before them. 70% of Oklahomans voted in favor of the statute. A hearing on November 22 will determine whether or not the injunction becomes permanent. "Today's ruling is a reminder of the strength of our nation's legal system and the protections it grants to religious minorities," said Muneer Awad, executive director of Council on American Islamic Relations (CAIR) in Oklahoma. Mr. Awad filed the suit last two days after the election, claiming the law violated his Constitutional rights. Does one sense the irony here? Mr. Awad apparently believes the judge's decision should be based on the Constitution, even as a ruling in his favor would have judges considering sources other than the Constitution as a result. Sadly, Judge Miles-LeGrange is taking her cues from two Supreme Court Justices. Both Anthony Kennedy and Elena Kagan are on the record with the idea that "international law" can be referenced in an effort to reach Constitutional verdicts. This is utter nonsense. Not because there is no value in sources other than the Constitution, but because it vastly expands the power of the Judicial branch of government beyond all scope envisioned by the Founding Fathers. Judges who believe their decisions aren't constrained by the limits of the Constitution are essentially saying they are above such limitations. In other words, we are a nation not "of laws," but one beholden to the "superior wisdom" of a judiciary willing to impose a particular set of values derived from any source they consider "wise." That's not a "branch of government." That's a judicial monarchy. Irony number two: the judge has validated the very vote against which she issued the injunction. Oklahomans voted to ban the courts from using both Sharia Law and international law as a means of expressing their fears of a judiciary run amok. Judge Miles-LeGrange just validated that fear. The desire of seven-out-of-ten Oklahomans to essentially establish state-mandated limits on the power of the judiciary was just negated by a single jurist. The American left has been quick to criticize Oklahomans for their "intolerance" and "Bible-thumping ways." In addition, many liberals consider any fears of Sharia Law gaining a foothold in the United States to be unfounded. Perhaps they should cast their eyes towards Great Britain. A 2009 study by independent think-tank Civitas claimed "at least 85 Islamic Sharia courts are operating in Britain," a number "17 times higher than previously accepted." Or they can merely read the ruling of Judge Joseph Charles, a New Jersey family court jurist who refused to grant a restraining order to a Moroccan woman forced to repeatedly have sex with her husband against her will: "This court does not feel that, under the circumstances, that this defendant (her husband) had a criminal desire to or intent to sexually assault or to sexually contact the plaintiff when he did. The court believes that he was operating under his belief that it is, as the husband, his desire to have sex when and whether he wanted to, was something that was consistent with his practices and it was something that was not prohibited." In other words, New Jersey state law only applies if it doesn't conflict someone's cultural expectations, which in this particular case is the Muslim "tradition" of treating women like property. Incredibly, Judge Charles made this ruling after admitting that "a preponderance of the evidence showed the defendant had harassed and assaulted (his wife)." The ruling was later overturned by the Appellate Court, but it underscores the frightening level of "discretion" that accrues to judges untethered to anything other than their own feelings. Is there an antidote to an imperialist-minded judiciary? On Election Day, voters in the state of Iowa did something that, with any luck, could be become a nationwide trend. Three state Supreme Court judges who had voted to make same-sex marriage legal in that state--overriding the state legislature and the peoples' wishes in the process--were booted from the bench for the first time since 1962, when Iowa's merit selection and retention system for judges was adopted. As expected, liberals were furious, claiming that such a referendum threatens "judicial independence." Independence from what? Constitutional law? The expressed will of the people via legislation and the ballot box? Americans in Iowa and many other places, are fed up with reigning in progressive policy, only to see their efforts completely negated by an out-of-control judiciary--which then often adds insult to injury by citing extra-Constitutional sources as "inspiration." As for Oklahoma, they join Arizona as yet another state where progressives, using the federal judiciary, are determined to thwart the will of the people in order to impose their agenda. Such heavy-handed rulings as these two will add more fuel to a fire already ignited by the health care bill's individual insurance mandate: a reassertion of states' rights as a bulwark against federal government overreach. And with a bit more luck, additional states will consider adopting recall statues for judges who believe the Constitution is little more than "one of many" reference guides for "divining" American law. Such statutes would reinvigorate a concept completely anathema to progressive ambition and elitist judges: checks and balances--as envisioned by the Founding Fathers. Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here. Comment on JWR Contributor Arnold Ahlert's column, by clicking here. Previously: 11/08/10: Curtain Up, Progressives Down 11/04/10: Last Chance, Republicans 11/01/10: By Their Own Words Shall Ye Know Them 10/28/10: Progressive Determination to Undermine American Elections 10/25/10: Shock, but more importantly, action: De-Unionize Public Schools now 10/20/10: Multiculturalism? Check, Please 10/18/10: Healthcare: ‘Alice in Wonderland’ vs. The Constitution 10/11/10: Vote for Restoring the Rule of Law in November 10/11/10: Dems: Running From Clarity 10/07/10: Hypersensitive Hogwash 10/04/10: ‘Comprehensive’ Con Artists 09/29/10: Why Dems Are Going Down in November 09/27/10: The Unholiest of Unholy Alliances 09/22/10: Two Words for Republicans to Remember: ‘I Won’ 09/20/10: Purging ‘Me First’ Politicians 09/17/10: No More ‘Lesser of Two Evils’ 09/15/10: ‘Recovery’ Arms Race 09/13/10: ‘Bigots’ in the Majority --- Again? 09/09/10: Giving Voters Something to Vote For 09/07/10: Irresponsible Dems, Incomprehensible Bills 09/02/10: War Weary Americans vs. Implacable Islamists 08/31/10: A ‘Dream’ Debased 08/25/10: American ‘Bigots’ Versus Media Propagandists 08/23/10: Recovery Bummer 08/19/10: An Unholy Alliance of Radicals 08/16/10: You've Lost America, Mr. President 08/13/10: The Twin Towers of Progressive Disconnect 08/11/10: A Far Better ‘National Discussion’ 08/09/10: It's ‘Only’ One Dead Nun 08/06/10: Incremental Tyranny 08/04/10: Ground Zero Mosque: Context Counts 08/02/10: The Arizona Ruling: a Gift for November 07/29/10: The United Cities of America 07/26/10: JournoList: ‘Coordinated’ Ideological Bankruptcy 07/20/10: Go For Broke Or Get Out of the Way 07/14/10: You're a Liberal/Progressive if You Believe… 07/12/10: $33-an-hour--For Sleeping On the Job 07/08/10: Extortionist Government 07/06/10: ‘Commerce Clause’ Totalitarians 07/01/10: Another Public School Travesty in MA 06/30/10: Calling YOUR Bluff, Mr. President 06/28/10: A Trifecta of Progressive Corruption 06/23/10: Plug the Darn Hole --- In Our Border 06/21/10: Our Empty-Suit-in-Chief 06/16/10: Betraying Our Children 06/14/10: Who Gets the Benefit of the Doubt? 06/07/10: Politically Correct Warfare 06/01/10: Bill Maher's ‘Black’ President 05/25/10: A Mosque At Ground Zero 05/23/10: Libs Stand Tall --- For Mexico 05/19/10: The 'Unintended Consequences' of Liberalism 05/17/10: 'Los' Suns: Stuck on Stupido 05/12/10: Union Audacity: Yes We Will! 05/10/10: Greeks, Leaks and and Double-Speak 05/05/10: Twelve Million Illegals --- or Thirty? 05/02/10: Republicans: Playing Not to Lose Doesn't Cut It 04/28/10: Arizona: Progressivism's Waterloo? 04/26/10: Son of Amnesty 04/22/10: Mortgages and Moral Meltdowns 04/20/10: Bashing Christians — Or Gays? 04/15/10: Personal Integri-‘tea’ 04/12/10: Fools, Tools and Ghouls 04/08/10: (Tea) Party On 04/05/10: The Triumph of Mediocrity 04/02/10: Two For the Road 03/29/10: The Innate Immorality of Liberalism 03/24/10: The Art of War 03/22/10: I Want My Country Back 03/18/10: A Perpetual Process 03/17/10: American Exhibitionists 03/15/10: A Light Bulb Moment of Clarity 03/10/10: Little Things Mean A Lot 02/03/10: Budgetary Fork in the Road 02/01/10: Liberal Economic Illiteracy 01/27/10: ‘Roe-ing and Wade-ing’ Back to Reason 01/25/10: Arrogance When Up, Denial When Down 01/20/10: Connecting the Educational Dots 01/19/10: The Next Tea Party? 01/15/10: The Myth That Keeps on Giving 01/13/10: Airport Security Begins Away From the Airport 01/11/10: Secrets and Lies 01/08/10: Embracing Bigotry — or Rejecting Bullying? 01/06/10: Hanging by an Ideological Thread 01/04/10: Our ‘Wonderama’ Bureaucracy 12/30/09: A Day Off 12/28/09: Dangerous Myths 12/25/09: I, Me, Mine 12/23/09: A Very Harry Christmas 12/21/09: My Opinon 12/18/09: The Party of Repeal 12/15/09: Privileged Exemption 11/30/09: ‘Settled’ Science and Unsettled Children 11/30/09: American Sharia Law 11/23/09:The Trial (Travesty) of the Century 11/04/09: American Vampires and Their Political Enablers 11/01/09: ‘Opting Out’ of Insanity? 10/28/09: Cell Phones Cause Brain Cancer. Brain Required 10/26/09: Communism: Nazism With Better PR 10/21/09: Just Asking 10/16/09: Cost Projections vs. Actual Costs, or Hope and Change vs. Reality 10/14/09: News you can use … 10/07/09: Incremental Insidiousness 10/05/09: MIA: Common Sense and Common Decency 09/30/09: Iran: Bad Options and Unpreparedness 09/21/09: Crying Racism: the Last Refuge of Scoundrels 09/11/09: 9/11 Cannot Be Sanitized 09/08/09: ‘Truthers’ and Consequences 09/01/09: A ‘Paper Trail’ Challenge for the Mainstream Media 08/31/09: Drowning in Amorality 08/26/09: The Republican Recovery Program © 2010, Arnold Ahlert

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