The Unconstitutionality of Oklahoma's SQ 755 and Other Provisions like It That Bar State Courts from Considering International Law

Authors

Penny M. Venetis

Abstract

This paper will discuss SQ 755's many legal deficiencies, focusing primarily on its constitutional infirmities. First, SQ 755 is a clear violation of the Supremacy Clause of Article VI of the U.S. Constitution. The prohibition on looking to international law requires that Oklahoma courts disregard U.S. treaty obligations, and the law of nations (also known as customary international law), which are all binding on American courts. Second, SQ 755 unconstitutionally limits a state's duty to give full faith and credit to the judicial decisions of other states. The law is clear that no state has the authority to condition its compliance with the Full Faith and Credit Clause on policy considerations. Additionally, this paper will discuss ways in which SQ 755 raises separation of powers concerns, violates principles of international comity, and could have a destabilizing effect on legal and business communities. Finally, this paper will discuss how all of these provisions reflect both a deep misunderstanding and mistrust of the judiciary by the legislative branch.

Recommended Citation

Penny M. Venetis, The Unconstitutionality of Oklahoma's SQ 755 and Other Provisions like It That Bar State Courts from Considering International Law, 59 Clev. St. L. Rev. 189 (2011)
available at https://engagedscholarship.csuohio.edu/clevstlrev/vol59/iss2/3