Kaye Beach

Lawmakers Act to Prevent Foreign Courts from Undermining Oklahomans’ Rights

In Oklahoma Legislation, Oklahoma Legislators, Rex Duncan on February 27, 2010 at 11:17 am

Contact: State Rep. Rex Duncan

Capitol: (405) 557-7344

Lawmakers Act to Prevent Foreign Courts from Undermining Oklahomans’ Rights

OKLAHOMA CITY – Oklahoma voters could soon prevent judicial rulings in foreign countries from impacting local court decisions.

House Joint Resolution 1056, by state Rep. Rex Duncan, would allow Oklahomans to vote to amend the state Constitution to require the courts to “uphold and adhere to the law” as provided in the United States Constitution, the Oklahoma Constitution, the United States Code and federal regulations, and Oklahoma Statutes and rules.

The proposed amendment would prohibit all Oklahoma courts from considering the legal precepts of other nations or cultures, even in cases of first impression.

“The whole point of the Revolutionary War was so Americans would not be under the thumb of foreign rulers,” said Duncan, a Sand Springs Republican and attorney who chairs the House Judiciary Committee. “Unfortunately, some judges in other states and on the federal bench have begun to cite international law as if it had any bearing on our judicial system.  My legislation would allow the voters to prevent judges in Oklahoma from undermining our democracy and legal system in the future.

“Unfortunately for a few other states, namely Michigan, it may be too late for its citizens to save its courts from foreign influence.”

The legislation declares that courts “shall not consider Sharia Law, international law, the constitutions, laws, rules, regulations, and decisions of courts or tribunals of other nations, or conventions or treaties, whether or not the United States is a party.”

House Joint Resolution 1056 passed the House Rules Committee on a bipartisan 9-2 vote and is awaiting a vote before the Oklahoma House of Representatives.

If sent to the voters, Duncan predicted “this measure will be approved by the largest margin of any state question in 2010, maybe in state history, and other states are sure to follow Oklahoma’s leadership.”

Advertisements
  1. The United States Constitution, In Article VI, says:

    This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.

    And now Rep. Duncan is proposing that Oklahoma courts
    courts “shall not consider … conventions or treaties, whether or not the United States is a party.”

    If this means what it says, he is proposing that Oklahoma refuse to accept the Constitutional provision that “all Treaties made, or which shall be made, under the Authority of the United States,” are part of “the supreme Law of the Land;” and that “the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.”

    Is Duncan really proposing that Oklahoma renounce the Constitution?

  2. Rex Duncan will be running for D.A. and has an agenda which is to pad his record for those future votes. What else needs to be said about his proposals

  3. Right on! Rep.Duncan. This bill should be on the ballot in all
    50 states, and that includes Michigan.

  4. No comment…

  5. Don’t understand?

  6. What do you want?

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s