At issue is the Michigan state legislature’s House Bill No. 4769, which looks likely to pass in coming days. Quite simply, that bill states that no foreign law may take precedence over American law or Michigan state law in a Michigan court room.
The key provision of the bill is Section 2, which says:
“A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the United States.”
That’s it. Seems pretty straightforward and entirely in keeping with Article VI of the U.S. Constitution, which states:
“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…”
So why would CAIR call on its members to oppose legislation that protects all American citizens, upholds the U.S. Constitution and in no way interferes with the right of any individual to freely exercise his or her religion as guaranteed by the First Amendment?
CAIR (a Muslim Brotherhood front group) points to the answer in its own words. Its Action Alert decries “discrimination on followers of a minority faith” and terms the legislation “anti-Islam,” even though there is no mention of Islam or any other faith in the bill.
There’s also no mention of any specific foreign law, just the general proviso that if ever there is a conflict between any foreign law – be it French law, Islamic law, Japanese law, Zambian law or any other – and U.S. and/or Michigan state law, it is the American law and the Michigan law that will prevail.
So, then, in what way is such legislation “anti-Islam”?
It would seem that CAIR is saying that Islam is not just a religion, but actually a legal system (hint: it’s called “sharia.”) This is quite forthcoming of them, because in fact, of course, Islam is not merely about diet/fasting, devotion, prayer, worship, pilgrimage, and proselytizing (Da’wa), which are completely 100% protected by the First Amendment to the U.S. Constitution. No, as CAIR is rightly pointing out, Islam is also a “complete way of life,” encompassing a legal, military, political, and social system. The name of that “complete way of life” is sharia (Islamic law), which governs every aspect of a Muslim’s life and actually forbids a separation between faith and governance. It is unlawful under sharia for a devout, practicing Muslim to “render unto Caesar what is Caesar’s and unto God what is God’s.”
The CAIR Action Alert against Michigan’s pending legislation perhaps unintentionally illustrates this in a most instructive way. The reason the Muslim Brotherhood and all other sharia-adherent Muslims cannot accept that sharia provisions that conflict with U.S. law be superseded by Constitutional law in American courts is precisely the notion that Islamic law must dominate all other laws on earth in every respect.
Of course, this sort of legal supremacism is not only in direct contravention of Article VI of the U.S. Constitution; if acted upon, it arguably also could be grounds for a charge of sedition, conspiracy to commit sedition, or misprision of sedition.
- CAIR-Michigan Goes After Anti-Sharia Law, Constitution (patdollard.com)