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Shariah Law and American State Courts: An Assessment of State Appellate Court Cases Version 1.2 / May 18, 2011 (PDF, 635 pages, 2.4 MB) The Center for Security Policy’s report, Shariah Law and American State Courts: An Assessment of State Appellate Court Cases evaluates 50 Appellate Court cases from 23 states that involve conflicts between Shariah (Islamic law) and American state law. These cases are the stories of Muslim American families, mostly Muslim women and children, who were asking American courts to preserve their rights to equal protection and due process. These families came to America for freedom from the discriminatory and cruel laws of Shariah. When our courts then apply Shariah law in the lives of these families, and deny them equal protection, they are betraying the principles on which America was founded. The study’s findings suggest that Shariah law has entered into state court decisions, in conflict with the Constitution and state public policy. Some commentators have said there are no more than one or two cases of Shariah law in U.S. state court cases; yet we found 50 significant cases just from the small sample of appellate published cases. Others have asserted with certainty that state court judges will always reject any foreign law, including Shariah law, when it conflicts with the Constitution or state public policy; yet we found 15 Trial Court cases, and 12 Appellate Court cases, where Shariah was found to be applicable in these particular cases. The facts are the facts: some judges are making decisions deferring to Shariah law even when those decisions conflict with Constitutional protections. Shariah Law and American State Courts: An Assessment of State Appellate Court Cases includes summaries of several cases in which the court’s application of Shariah law appears to be in direct conflict with Constitutional liberties and the public policies of the state. Shariah Law and American State Courts: An Assessment of State Appellate Court Cases Version 1.2 / May 18, 2011 (PDF, 635 pages, 2.4 MB) NOTE: In the fifty full-text published court cases, the highlighted search terms are included for the reader’s convenience. For more information, contact the Center for Security Policy www.securefreedom.org to schedule an interview, contact: Travis Korson email@example.com (202)-719-2421 or David Reaboi firstname.lastname@example.org (202) 431-1948
At the trial court level, 22 decisions were found that refused to apply Shariah; 15 were found to have utilized or recognized Shariah; 9 were indeterminate; and in 4 cases Shariah was not applicable to the decision at this level, but was applicable at the appellate level. At the appellate Court level: 23 decisions were found that refused to apply Shariah; 12 were found to have utilized or recognized Shariah; 8 were indeterminate; and in 7 cases Shariah was not applicable to the decision, but had been applicable at the trial court level. The 50 cases were classified into seven distinct “Categories” of dispute: 21 cases dealt with “Shariah Marriage Law”; 17 cases involved “Child Custody”; 5 dealt with “Shariah Contract Law”; 3 dealt with general “Shariah Doctrine”; 2 were concerned with “Shariah Property Law”; 1 dealt with “Due Process/Equal Protection” and 1 dealt with the combined “Shariah Marriage Law/Child Custody.” The 50 cases were based in 23 different states: 6 cases were found in New Jersey; 5 in California; 4 each in Florida, Massachusetts and Washington; 3 each in Maryland, Texas and Virginia; 2 each in Louisiana and Nebraska; and 1 each in Arizona, Arkansas, Delaware, Illinois, Indiana, Iowa, Maine, Michigan, Minnesota, Missouri, New Hampshire, Ohio and South Carolina.
This study represents a timely contribution to the debate developing around the country: To what extent is the Islamic politico-military-legal doctrine of Shariah being insinuated into the United States? The analysis complements and powerfully reinforces the warnings contained in the Center’s bestselling 2010 “Team B II” Report, Shariah: The Threat to America. It confirms that Shariah’s adherents are making a concerted effort to bring their anti-constitutional code to this country. “Together with follow-on analyses now in preparation, we hope to equip those who share the Center’s commitment to the Constitution of the United States, to the liberties it guarantees and to the democratic government it mandates to thwart those like the Muslim Brotherhood who would supplant freedom with Shariah law. Clearly, we must work to keep America Shariah-free, or risk inexorably losing the country we love.” The full text of the study, including text from the court cases and tables displaying the findings, can be found at www.ShariahInAmericanCourts.com
Muslims want this here in USA ,JUST LIKE IN THEIR COUNTRY.
will you stand or will you fall?
Section 3: Treason
Section 3 defines treason and its punishment.
“ Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
The Constitution defines treason as specific acts, namely "levying War against [the United States], or in adhering to their Enemies, giving them Aid and Comfort." A contrast is therefore maintained with the English law, whereby a variety of crimes, including conspiring to kill the King or "violating" the Queen, were punishable as treason. In Ex Parte Bollman, 8 U.S. 75 (1807), the Supreme Court ruled that "there must be an actual assembling of men, for the treasonable purpose, to constitute a levying of war."
Under English law effective during the ratification of the U.S. Constitution, there were essentially five species of treason. Of the five, the Constitution adopted only two: levying war and adhering to enemies. Omitted were species of treason involving encompassing (or imagining) the death of the king, certain types of counterfeiting, and finally fornication with women in the royal family of the sort which could call into question the parentage of successors. James Wilson wrote the original draft of this section, and he was involved as a defense attorney for some accused of treason against the Patriot cause.
Section 3 also requires the testimony of two different witnesses on the same overt act, or a confession by the accused in open court, to convict for treason. This rule was derived from an older English statute, the Treason Act 1695. In Cramer v. United States, 325 U.S. 1 (1945), the Supreme Court ruled that "[e]very act, movement, deed, and word of the defendant charged to constitute treason must be supported by the testimony of two witnesses." In Haupt v. United States, 330 U.S. 631 (1947), however, the Supreme Court found that two witnesses are not required to prove intent; nor are two witnesses required to prove that an overt act is treasonable. The two witnesses, according to the decision, are required to prove only that the overt act occurred (eyewitnesses and federal agents investigating the crime, for example).
In law, treason is the crime of disloyalty to one's nation. A person who betrays the nation of their citizenship and/or reneges on an oath of loyalty and in some way willfully cooperates with an enemy, is considered to be a traitor. Traitorous acts include helping a foreign government to overthrow or make war against one's own state, conspiring by oneself to overthrow the government, and killing a head of state. The similar offense of sedition need not involve acts against the government, but rather is the act of inciting insurrection or rebellion. The punishment for treason varies by nation, though is typically harsh so as to discourage the action. Historically, treason was considered the worst crime and drew the harshest penalties. In England, punishment for treason went beyond the standard execution by hanging, invoking the horrific drawing and quartering. However, the charge of treason was greatly abused by monarchs, who used it to remove their opponents. Thus, the United States Constitution restricts the definition of treason, and denies Congress the authority to reshape the offense. Today, acts of treason in the traditional sense are less common, given the changes in political structure and increasing globalization. Many of those conspiring and acting against authority, particularly terrorists, do not necessarily act against a particular government, but rather against an ideology or for a cause that goes beyond statehood. Thus, some governments have declared an act of treason to include support for organizations deemed a threat, such as al-Qaeda. Treason has always been viewed as the most serious offense, for it is an act against not only an individual but against the society as a whole, embodied in the ruling authority whether individually in the monarch or collectively as government. It is indeed the act or attempt to "murder" one's nation. While harsh penalties have been used in attempts to deter traitors, the very reason that such acts are considered the worst of crimes are the same ones that drive people to commit them. While people are dissatisfied with human society and find no comfort or recognition from its leaders, they will be tempted, even forced to rebel against those that lead their own "home," violating the relationship of trust that should exist. The only way that treason and sedition can be eliminated is by the emergence of true authority, able to care for all the people with a parental heart that embraces and allows each to fulfill their own potential as individuals, feeling value and valued through their relationships and contributions to society.