Bill would overrule foreign law
Aug 19, 2011 |
Written by
DAILY PRESS & ARGUS
By Christopher Behnan

Legislation some lawmakers said targets Shariah law would protect Michiganders from foreign laws that might violate their constitutional rights, according to Livingston County's state representatives.

House Bill 4769, introduced in June, would "limit the application and enforcement by a court, arbitrator or administrative body of foreign laws that would impair constitutional rights," the bill states.

State Reps. Bill Rogers, R-Genoa Township, and Cindy Denby, R-Handy Township, are among 41 cosponsors of the bill introduced by Rep. Dave Agema, R-Grandville.

"In some other states, some judges have allowed outside foreign laws to kind of supersede our Constitution. Thus, when the opportunity came out, I thought, 'That's enough. We do have a Constitution. We have a Bill of Rights,' " Rogers said.

"Forty-one co-sponsors — I guess that shows our passion for our own Constitution and our rights," he said.

Rogers didn't point to specific examples of foreign laws being applied in Michigan, but said he's read stories about them being applied in other states.

The state and U.S. constitutions don't allow enforcement of any foreign laws.

This week, state Rep. Rashida Tlaib, D-Detroit, the only Muslim in the House, said the bill could restrict for Muslims, Catholics and Jews "certain rights, and promote bigotry and xenophobia."

The bill does not mention Shariah, or Islamic law, or any other form of foreign-law enforcement.

Denby said the bill is intentionally broad to encompass any outside form of law from encroaching Michiganders' rights.

She said the bill would prevent the imposition of United Nations resolutions, which must be approved in the U.S. Congress to become effective for the United States.

Denby pointed to a recent United Nations resolution that she said would limit Americans their constitutional right to bear arms.

"It's just making it clear that people do have their constitutional rights, and nothing that is imposed by any of those other entities would ever take away those rights," she said.

"It doesn't matter if it's the Shariah law or any others. It stands clear that everyone has their constitutional rights in this state if they're a U.S. citizen," Denby added.

Rogers and Denby rejected Tlaib's claims of bigotry toward foreign nationalities. Rogers called the accusation part of "the common playbook."

He said he's concerned with "activist judges" not respecting Americans' constitutional rights more so than vulnerability of the state or U.S. constitutions.

"Let's make sure we send a message to all the judges that we're serious about following the state constitution, the federal Constitution," Rogers said.

"We're saying, 'Our rules are fine.' We're not going to allow that outside influence to say, 'You ought to be following our law,' " he added.

Denby agreed that constitutional rights continue to be challenged in courts across the country.

"We actually really shouldn't need this. Just from recent times, it seems the Constitution seems to be challenged," however, she said.

She and Rogers said they weren't pandering to far-right Republicans, some of whom have sought similar legislation in other states.

Jordan Genso, chairman of the Livingston County Democrats, disagreed, saying Denby and Rogers are pandering to uninformed constituents who feel foreign laws threaten their rights.

Genso said Rogers' and Denby's support of the bill demonstrates naiveté of state and federal law.

"It's surprising to me that they think Shariah law could actually get used in the court system in a legal manner. I thought they were more informed on the legal process than that," he said. "There is no need for this."

The legislation could have unintended consequences, such as voiding international business contracts that refer to another country's laws, he added.

Gannett News Service contributed to this report.

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