Sharia courts in the United Kingdom have already been permitted to decide cases of domestic violence, rather than referring them to British criminal courts. Under Sharia, which Muslims consider the unalterable law of Allah, men have the right to beat disobedient wives.
One feminist who got the message about the mistreatment of women was former Rep. Pat Schroeder. Her final legislative achievement was to get Congress to pass a law making the practice of female genital mutilation a U.S. federal crime.
In a Fordham Law Review article, Koh revealed himself as a thoroughgoing globalist, or in his term, a trans-nationalist. Trans-nationalists believe the "living" Constitution allows us to import the fiction of what is called international law into U.S. law (i.e., "domesticate" it), thereby putting the United States under a global legal system.
Since Obama called himself a "citizen of the world," pledged to "rejoin the world community" and declared in his inauguration speech that U.S. power "does (not) entitle us to do as we please," we can assume that his appointments will reflect those views. One test of his commitment to globalism will be his relationship with the International Criminal Court (ICC).
President Bush withdrew the United States from the ICC on May 6, 2002. Standing up for American sovereignty, he rejected the jurisdiction of a foreign court that is not bound by the U.S. Constitution, our laws or our due process protections.
Shortly after Obama was sworn in as president, U.S. Permanent Representative to the United Nations Susan Rice praised the ICC as "an important and credible instrument for trying to hold accountable the senior leadership responsible for atrocities committed in the Congo, Uganda and Darfur." This olive branch extended to the ICC raised foreign "expectations" that the United States will accept the authority of the ICC.
Some even argue that the ICC can grab and try U.S. political and military leaders even though the United States is not a party to the treaty. Just this year, an impudent Spanish court tried to assert jurisdiction over six Bush administration officials.
It should be the Senate's duty to require all judicial nominees to proclaim their fealty to the U.S. Constitution as written and their rejection of the use of any foreign laws or courts.
Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
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