John R. Houk
© August 2, 2012
American Laws for American Courts (ALAC) should be an Amendment to the U.S. Constitution. ACT for America (or at least a Chapter member) has discovered the GOP is asking voter participation in developing the Republican Party platform. I’ll get to how you too can participate in a moment; you need to have an understanding of what exactly ALAC is. Here is model for ALAC as promoted by American Public Policy Alliance (APPA):
[ALAC] MODEL LEGISLATION
AN ACT to protect rights and privileges granted under the United States or [State] Constitution.
BE IT ENACTED BY THE [GENERAL ASSEMBLY/LEGISLATURE] OF THE STATE OF [_____]:
The [general assembly/legislature] finds that it shall be the public policy of this state to protect its citizens from the application of foreign laws when the application of a foreign law will result in the violation of a right guaranteed by the constitution of this state or of the United States, including but not limited to due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the constitution of this state.
The [general assembly/state legislature] fully recognizes the right to contract freely under the laws of this state, and also recognizes that this right may be reasonably and rationally circumscribed pursuant to the state’s interest to protect and promote rights and privileges granted under the United States or [State] Constitution, including but not limited to due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the constitution of this state.
[1] As used in this act, “foreign law, legal code, or system” means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals For the purposes of this act, foreign law shall not mean, nor shall it include, any laws of the Native American tribes in this state.
[2] Any court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this State and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the U.S. and [State] Constitutions, including but not limited to due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the constitution of this state.
[3] A contract or contractual provision (if capable of segregation) which provides for the choice of a law, legal code or system to govern some or all of the disputes between the parties adjudicated by a court of law or by an arbitration panel arising from the contract mutually agreed upon shall violate the public policy of this State and be void and unenforceable if the law, legal code or system chosen includes or incorporates any substantive or procedural law, as applied to the dispute at issue, that would not grant the parties the same fundamental liberties, rights, and privileges granted under the U.S. and [State] Constitutions, including but not limited to due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the constitution of this state.
[4]
1) A. A contract or contractual provision (if capable of segregation) which provides for a jurisdiction for purposes of granting the courts or arbitration panels in personam jurisdiction over the parties to adjudicate any disputes between parties arising from the contract mutually agreed upon shall violate the public policy of this State and be void and unenforceable if the jurisdiction chosen includes any law, legal code or system, as applied to the dispute at issue, that would not grant the parties the same fundamental liberties, rights, and privileges granted under the U.S. and [State] Constitutions, including but not limited to due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the constitution of this state.
2) B. If a resident of this state, subject to personal jurisdiction in this state, seeks to maintain litigation, arbitration, agency or similarly binding proceedings in this state and if the courts of this state find that granting a claim of forum non conveniens or a related claim violates or would likely violate the fundamental liberties, rights, and privileges granted under the U.S. and [State] Constitutions of the non-claimant in the foreign forum with respect to the matter in dispute, then it is the public policy of this state that the claim shall be denied.
[5] Without prejudice to any legal right, this act shall not apply to a corporation, partnership, limited liability company, business association, or other legal entity that contracts to subject itself to foreign law in a jurisdiction other than this state or the United States.
[6] This subsection shall not apply to a church, religious corporation, association, or society, with respect to the individuals of a particular religion regarding matters that are purely ecclesiastical, to include, but not be limited to, matters of calling a pastor, excluding members from a church, electing church officers, matters concerning church bylaws, constitution, and doctrinal regulations and the conduct of other routine church business, where 1) the jurisdiction of the church would be final; and 2) the jurisdiction of the courts of this State would be contrary to the First Amendment of the United States and the Constitution of this State. This exemption in no way grants permission for any otherwise unlawful act under the guise of First Amendment protection.
[7] This statute shall not be interpreted by any court to conflict with any federal treaty or other international agreement to which the United States is a party to the extent that such treaty or international agreement preempts or is superior to state law on the matter at issue. (Legislation > American Laws for American Courts; APPA – READ ENTIRETY]
There have been a lot of States that have passed legislation or State Constitutional Amendments to prevent the precedents of foreign laws as case law in State Courts. Unfortunately the initial States that have fully gotten a hold of this idea have had their State laws stricken by Federal Courts.
Now why in the world would a Federal Court strike down a law that affirmed the primacy of both the Federal Constitution and a State’s Constitution? The answer is quite simple really. The initial visionaries tried to keep foreign law from getting a toe-hold in America, but because Islam’s Sharia Law was specified in the State laws and/or Amendments Radical Muslim organizations such as CAIR brought suit.
Oklahoma’s anti-foreign law prevention Amendment indeed focused on Sharia and was passed by 70% of the voters. Remarkably shortly after CAIR-OK brought suit and got a Federal Judge to stop implementation until further review on the grounds of Religious Liberty. It didn’t matter to the Judge that Sharia is a bigoted, intolerant and anti-woman’s Rights religious set of laws.
Other States made the same mistake that Oklahoma made. Then some brilliant legal thinking figured out how to make legislation aimed at foreign laws without specifying anything to do with religion; hence ALAC was born.
Although ALAC does not mention Sharia Law, the wording would include any foreign based law not having standing in America if it contradicted the U.S. Constitution or a State’s Constitution.
We have an awesome opportunity to influence the Republican Party Platform by seconding the ALAC suggestion.
Go to GOP.com Party Platform 2012 to register, you will be tempted to make your own suggestion. Do your own suggestion later. To support ALAC scroll down until you find American Law for American Courts and click the Button that Seconds the idea. ALAC may or may not be on page one. It was on page two when I seconded ALAC. I think (but not sure) you can Second on the comment page which is located here for American Law for American Courts.
JRH 8/2/12
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ALAC and the GOP platform
Sent by ACT for America
Sent: 8/2/2012 10:38 AM
One of our chapter leaders submitted a request to the Republican Party platform committee that a plank be added to the platform supporting ALAC (American Laws for American Courts) legislation.
As you know, we’ve gotten ALAC passed in Tennessee, Arizona and Kansas. Getting a resolution of support for ALAC in the GOP platform would be a big shot in the arm!
You can help make this happen. Visit here and look for the idea that says “American Law for American Courts.” When you find it, click on the option to “second” the idea. You can “second” the proposal by following the prompts to do so either through Facebook or by logging in.
Let’s get their attention and log hundreds, if not thousands, of “seconds” in support of a resolution backing ALAC!
Unfortunately, we have been unable to locate a similar online process for citizen input for the Democratic Party platform. If you are aware of something the Democratic Party is doing that is similar to the Republican Party, please let us know and we’ll put that out in a national email as well. ___________________________
As you know, we’ve gotten ALAC passed in Tennessee, Arizona and Kansas. Getting a resolution of support for ALAC in the GOP platform would be a big shot in the arm!
You can help make this happen. Visit here and look for the idea that says “American Law for American Courts.” When you find it, click on the option to “second” the idea. You can “second” the proposal by following the prompts to do so either through Facebook or by logging in.
Let’s get their attention and log hundreds, if not thousands, of “seconds” in support of a resolution backing ALAC!
Unfortunately, we have been unable to locate a similar online process for citizen input for the Democratic Party platform. If you are aware of something the Democratic Party is doing that is similar to the Republican Party, please let us know and we’ll put that out in a national email as well. ___________________________
Let’s Get ALAC on GOP Party Platform
John R. Houk
© August 2, 2012
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ALAC and the GOP platform
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