To be blunt Republican State Senator Russell Pearce is out of @#@#@@ $# mind. That goes for the house folks that have introduced this stupidity.
Those House members are for the record:
Representatives Seel, Ash, Stevens, Burges, Goodale, Hendrix, Kavanagh, Mason, Weiers.
The other Senators that introduced this are Allen S, Gould, Harper, Melvin, and Verschoor.
Here is the web site so you can look up these brilliant minds.
The Volokh Conspiracy has the nonsense at Arizona Bill to Bar Use of Foreign and Religious Law.
There so many things Unconstitutional about this law and just plain stupid it would take 30 minutes to list. Yet the comments do a good job as a start.
Hey Louisiana folks we even get ripped in a slight way
This section does not apply to:
1. A statute or any case law developed in the United States and its territories that is based on Anglo-American legal tradition and principles on which the United States was founded.
2. A statute or any case law or legal principle that was inherited from Great Britain before the effective date of this article.
None of that Foreign Napoleonic CODE Frenchy Louisiana Stuff!! That is not American!!!
Also in the area of what cannot be referenced or discussed (Huge Separation of Power Question there) we see Canon Law cannot even be referenced to talked about.
A comment made this good observation
So where would this leave the principle that courts defer to a church’s canon law when determining disputes internal to the church? For example, the internal divisions in the Episcopal Church have led to litigation in many states about whether church property belongs to the transitory majority of a particular congregation that have left the EC and affiliated with the Anglican Church of Uganda (or Argentina). Under the church’s canon law, such property belongs to the Church itself, not to the individual parish or its members, and most (but not all) states defer to canon law on the question. This proposal would seem to prohibit such a result. Or what if someone files a suit claiming that he, and not the person appointed by the Pope, is the bishop of the Roman Catholic Diocese of Phoenix? Are the Arizona courts going to be required to resolves that dispute according to AZ secular law, because they are forbidden by this proposed law to take account of canon law giving the Pope the exclusive authority to appoint bishops?
I will even get started on how such bill would kill Arizona business.
Note to my fellow Republican in Arizona. Don't get Stuck on Stupid.
Thankfully the Court will strike this down in like 5 seconds IF it passed.
Thursday, February 18, 2010
Arizona Legislators Propose the Stupid Law Of the Year
Posted by James H at 2/18/2010 07:06:00 AM
Labels: GOP, Supreme Court, wacko faux conservatives
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