Nullification; a defunct and unconstitutional legal tactic employed in the early days of the Republic and later in an effort to deprive the Civil Rights of African Americans in the 1950's
appears to be making a comeback in Oklahoma. Thus far it seems that all of the attention garnered by this silly proposal has been directed at the line that would prohibit
Sharia (a highly controversial form of Islamic religious law) from being considered by any court in Oklahoma. Big deal. This is just more of the hysterical Muslim-bating that the far right has been engaged in all year. There are probably less than 10,000 Muslims in the whole state. But fear mongering and religious bigotry have a long and venerable history in American politics so one should not be surprised. That however, is not the real story here.
The part that the media keeps missing is where the courts are also told to disregard International Law. No. I am not kidding. Apparently the author of this inanity, state representative Rex Duncan (R) failed 11th grade US History and Civics (or maybe he didn't but I am trying really hard to give Oklahoma the benefit of the doubt here). In any event had he paid attention he would have taken note of the following...
"...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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
-Article VI
Constitution of the United States of America
So, Rep. Duncan apparently approaches the US Constitution in much the same manner that liberal Catholics do their church's doctrine, i.e. the cafeteria approach. Either that or he is trying to lay the groundwork for treason (i.e. secession). Of course there is a third possibility, one which out of charity I am inclined to credit as the most likely explanation. That being that he is simply a
Know Nothing xenophobic bigot, pandering to the radical right, who would miserably fail the same civics test required of immigrants seeking Naturalized Citizenship.
Maybe I am wrong. But for Oklahoma's sake; I hope not. In any event a fairly overwhelming case could be made that he has violated his oath of office which even at the state level requires support of, and obedience to, the Constitution of the United States.