Setting aside the constitutionality of such a measure, is it smart?
Smart in theory? Absolutely. Smart in execution? Absolutely not.
Foreign law comes up all the time in the state and federal court system. Hell, state and federal courts often interpret and apply foreign law when conflicts of law and choice of law principles point towards the application of such laws.
The issue is that there are times that it's appropriate, and times that it is not. Sharia Law? Inappropriate. Using foreign law to help decide whether our Constitution is on the right side of an issue as Anthony Kennedy famously did a few years back? Inappropriate. Applying foreign law to a situation that involves foreign law? Sure. I don't think even the crafters of this amendment quite intended that, but this seems to have been a rush job.
The amendment created a host of legal problems to avoid the boogeyman. What the hell were you thinking, Oklahoma?
They were thinking, just not completely. This will create more problems than anticipated early on, but I also think that adjustments will come about faster than we think.
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Date: 10/11/10 15:13 (UTC)Smart in theory? Absolutely. Smart in execution? Absolutely not.
Foreign law comes up all the time in the state and federal court system. Hell, state and federal courts often interpret and apply foreign law when conflicts of law and choice of law principles point towards the application of such laws.
The issue is that there are times that it's appropriate, and times that it is not. Sharia Law? Inappropriate. Using foreign law to help decide whether our Constitution is on the right side of an issue as Anthony Kennedy famously did a few years back? Inappropriate. Applying foreign law to a situation that involves foreign law? Sure. I don't think even the crafters of this amendment quite intended that, but this seems to have been a rush job.
The amendment created a host of legal problems to avoid the boogeyman. What the hell were you thinking, Oklahoma?
They were thinking, just not completely. This will create more problems than anticipated early on, but I also think that adjustments will come about faster than we think.