American Laws for American Courts (not sharia)

Again, from the Public Policy Alliance.

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The purpose of American Laws for American Courts is to preserve the sovereignty of the US and the 50 states and their respective Constitutions by preventing the encroachment of foreign laws and legal systems, such as Shariah law, that run counter to our individual constitutional liberties and freedoms.

By promoting American Laws for American Courts, we are preserving individual liberties and freedoms which become eroded by the encroachment of foreign laws and foreign legal doctrines, such as Shariah.

It is imperative that we safeguard our constitutions’ fundamentals, particularly the individual guarantees in the Bill of Rights, the sovereignty of our Nation and its people, and the principles of the rule of law—American laws, not foreign laws.

MODEL LEGISLATION

AN ACT to protect rights and privileges granted under the United States or [State] Constitution.

BE IT ENACTED BY THE [GENERAL ASSEMBLY/LEGISLATURE] OF THE STATE OF [_____]:

The [general assembly/state legislature] fully recognizes the right to contract freely under the laws of this state, and also recognizes that this right may be reasonably and rationally circumscribed pursuant to the state’s interest to protect and promote rights and privileges granted under the United States or [State] Constitution.

[1] As used in this act, “foreign law, legal code, or system” means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.

[2] Any court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this State and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in in the matter at issue in whole or in part on any law, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the U.S. and [State] Constitutions.

[3] A contract or contractual provision (if capable of segregation) which provides for the choice of a law, legal code or system to govern some or all of the disputes between the parties adjudicated by a court of law or by an arbitration panel arising from the contract mutually agreed upon shall violate the public policy of this State and be void and unenforceable if the law, legal code or system chosen includes or incorporates any substantive or procedural law, as applied to the dispute at issue, that would not grant the parties the same fundamental liberties, rights, and privileges granted under the U.S. and [State] Constitutions.

[4]

1. A. A contract or contractual provision (if capable of segregation) which provides for a jurisdiction for purposes of granting the courts or arbitration panels in personam jurisdiction over the parties to adjudicate any disputes between parties arising from the contract mutually agreed upon shall violate the public policy of this State and be void and unenforceable if the jurisdiction chosen includes any law, legal code or system, as applied to the dispute at issue, that would not grant the parties the same fundamental liberties, rights, and privileges granted under the U.S. and [State] Constitutions.
2. B. If a resident of this state, subject to personal jurisdiction in this state, seeks to maintain litigation, arbitration, agency or similarly binding proceedings in this state and if the courts of this state find that granting a claim of forum non conveniens or a related claim violates or would likely violate the fundamental liberties, rights, and privileges granted under the U.S. and [State] Constitutions of the non-claimant in the foreign forum with respect to the matter in dispute, then it is the public policy of this state that the claim shall be denied.

American Laws for American Courts has passed into law in the following states:

American and Tennessee Laws for Tennessee Courts

http://state.tn.us/sos/acts/106/pub/pc0983.pdf

American and Louisiana Laws for Louisiana Courts

http://www.legis.state.la.us/billdata/streamdocument.asp?did=722536

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Oklahoma, should it not be permitted to certify the will of its voters, should reintroduce a ban on the use of international and foreign laws using this model. One of the key factors in terror-linked CAIR’s case was the supposed singling out of Islamic sharia law. This model does not single out any particular law (or so-called religion) and therefore can not cause any specific, potential harm as such.

Send this model legislation to your elected officials.

For more on the subject, refer to Shariah vs. the Constitution: A Panel Discussion (video)