The Founders of United States divided the country’s government into three independent branches with their own independent authority: the executive, legislative and judicial branches. This division was created due to the founder’s fear of governmental oppression of the people should too much power the concentrated in any one branch. To most part this division of power has worked between the legislative and executive branches, as proven by the current gridlock in Washington. However, in the judicial branch, judges often seem to act as if there is no limit to their powers.
A recent example of the judicial system run amok has occurred in Oklahoma. That state had an initiative on the ballot banning its courts from using Sharia law in legal decisions, which was approved by 70% of the voters. The United States 10th Circuit Court of Appeals has ruled in favor of an injunction stopping the law from being enforced. In making the ruling, the Court said: “While the public has an interest in the will of the voters being carried out … the public has a more profound and long-term interest in upholding an individual’s constitutional rights. ”
The Sharia is used in some Islamic countries to varying degrees and includes laws that regulates all aspect of human actions. This includes worship, commercial dealings, marriage and divorce, as well is penal laws. Under Sharia law, slightly more than half the population, i.e. women, are second-class citizens.
Rights are granted to Americans by the U.S. Constitution that cannot coexist with Sharia law. Its religious rulings should not be considered by our legal system in determining judicial decisions. The fact that this was not self-evident to the 10th Circuit Court Of Appeals is a testament to how perverse the judicial system has become, in essence becoming a branch of the government without checks and balances.
Americans of the Islamic faith are free to practice the tenants included under Sharia law as long as they do not conflict with either local, state or federal secular laws. At the same time the people of Oklahoma should have a right to create laws that uphold the Constitution. It is apparent that political correctness and Progressive illogic are taking the place of common sense logic and appropriate interpretation of the Constitution with too many in America’s judicial system.