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Mackinac Center for Public Policy
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2011 House Bill 4769: Ban enforcing foreign law to violate individual rights
  1. Introduced by Rep. David Agema (R) on June 16, 2011, to prohibit a court from enforcing a foregn law if it would violate a right of an individual recognized by the U.S. constitution. This would also apply to enforcing a contract provision that relies on a foreign law to govern disputes between the parties. This would not apply to a corporation that subjects itself to foreign law in a jurisdiction outside the U.S. The sponsor says this is intended to prohibit a person or court invoking Islamic Sharia law, including in divorce and child custody cases.
    • Referred to the House Judiciary Committee on June 16, 2011.

Comments

Re: 2011 House Bill 4769 (Ban enforcing foreign law to violate individual rights )  by isabelleelise on December 7, 2011 

This is a good bill and should be supported by all Americans.   There are many foreign influences that are trying to change America and our laws.  They're just insanely jealous of the freedoms we enjoy.  The USA is indeed the shining city on the hill.  We must not take that for granted, we must not change, we must not  apologize.  Our system is the best the world has ever seen.



Re: 2011 House Bill 4769 (Ban enforcing foreign law to violate individual rights )  by shango1 on October 19, 2011 

Greywolf,


It is unfortunate that you do not understand what this bill completely entails.  First of all, there is no such thing as Sharia "Law".  Sharia is a code of conduct that people who follow Islam are guided by.  It is similar to those who are Jews following the Ten Commandments and the Christians who abide by the principles of the New Testament.  What you see on tv is not Islam.  The countries in the Middle East, Africa and the South Pacific have laws that have embedded years of customs and traditions into their laws and happen to be Islamic majority countries.  Second, what makes you think that the U.S. Constitution needs a bill like this one to support it.  Is the Constitution not adequate enough to protect its citizens?  In fact, a bill like this one would sooner or later be deemed unconstitutional because it prohibits people from practicing their religion.  By that I mean, it could very well be a version of what the French have enacted a few years ago and what Australia has enacted this year by having a burqa and hijab ban.  In the form of this bill, this could apply administratively for those citizens of Michigan who are employed.  Enacting a policy to ban such things which would prohibit religious freedom.  If this bill were to pass, then it spreads across the board.  No burqa or hijab for the Muslim, no yamaca for the Jew, and no I love Jesus shirts for the Christian.  Now, how fair is that? 


Third, you bring up the point of immigrants and foreigners abiding by the laws of the U.S., which I completely agree with you on this point.  But what you obviously don't know is that for at least a two centuries, the U.S. courts have always been fair in terms of upholding decisions that were made in a foreign land.  Of course the courts will not decide punishment or policy based on another country's decision, but contractual decisions yes.  If you follow American Jurisprudence law, then you will understand this has been the case.  Our Constitution will not allow other countries' laws of punishment and policy to dictate how they should carry the decision here in the U.S.  Fourth, our forefathers were people who escaped religious persecution (this is self-explanatory, I shouldn't have to go into detail).  While the First Amendment grants the freedom OF religion and not the freedom FROM religion, it should be understood that if people want to abide by their code of conduct which is similar to your own belief system and that it does not conflict with Supremacy law of the land, then why deny that? 


Fifth, as explained above, If it [code of conduct] conflicts with the U.S. Constitution, then there should be an absolute stop to it.  But this is protected by the concept of Separation of church and state.  Sixth, obviously by your blatant and offensive remarks you know nothing about the history of the Constitution itself or how this country came to be.  If you read your NEW history carefully, you will find that the forefathers were Deist.  The principles of this land were not only founded on Christian principles as you argue, but also, Mohommedian (Islamic) and Jewish principles.  Don't believe me, look at the writings of Thomas Jefferson (Declaration of Independence).  It is clear that you have fell into the trap of Islamophobia.  


I agree with you to an extent on this point, "if you come to the USA out of choice (as did I) then you better be ready to assimilate and live as an American", well you shot yourself in the foot with that one.  I would add that YOU should also continue to learn about American history and Jurisprudence before you make an ignorant statement such as the one you made above.  Finally, this bill does not say anything about Sharia "Law", I read it multiple times, so my safe assumption is that it spreads across the board.  Now Greywolf, if you believe in the Constitution of the U.S., then you should be cautious about supporting such a blatantly, fear mongering bill such as this one that makes no sense whatsoever.  A bill proposed by representatives that don't have the faith in the very document that allowed them the privilege to live in a country such as this one. 


All in all, get your facts straight before you talk.  I leave you with the words of peace,


Asalaam Alaykum and may the Creator bless Michigan and all of the U.S. as we endure through these troubling times.



Re: 2011 House Bill 4769 (Ban enforcing foreign law to violate individual rights )  by Greywolf on September 12, 2011 

It is about time that the American people, particularly those in a trusted postition of representation, started to represent the needs, wants and desires of the American people.  My own opinion is that if you come to the USA out of choice (as did I) then you had better be ready to assimilate and live as an American... if you are an immigrant who feels that the laws of a foreign land are better than those already in place over here in the US then by all means feel free to return to that country... don't let us hold you back.  While you are here in the US however, the Supreme Court of the United States, the Judicial department of the Federal Government and our congress is our law of the land - not the Qu'ran - this country was founded on CHRISTIAN beliefs not ISLAMIC - Yes the First Amendment of our constitution protects an individuals right to worship who or whatever he or she pleases BUT there is also the free practises clause which allows the government to control what religious practises we are allowed to participate in - thus protecting others from say, religious acts of human sacrifice for example.  As such, the government absolutely has the right to deny any acting Muslim from being able to select Shariah law over the laws of the United States -


Rep. Dave Agema - thank you for bringing this bill to the house - it is a bill that I fully support 110%... Thank you!!



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