So wildchild, cough, remains correct, there is no precedent for denying them entrance merely because they are Muslims.
Trump Adopts AAA Immigration Policy: No More Muslims
- Thread starter AAAintheBeltway
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neither wildchild nor anyone else is correct until 5 justices/ recent jokers at the US Supreme court (who no longer seem to care about the constitution or precedent) say so.
Everyone wants to freak out over the term Muslim, it's merely the identifier and not an attack on the religion. We have blocked people from other Countries and Area's from coming to the US, during wars and mass migration in the past. Carter expelled thousands of ME students and non-nationals from here during the Iran crisis.
Trump could have been more "politically correct" by just naming the areas of concern to block, but those that follow him understood his motive, everyone else wants to take it out of context as an attack.
Show me all these examples then.
What part do you not comprehend?
Congress shall make no law respecting an establishment of religion
There's is an awful lot of "what Trump really meant" going around these days.
I must have missed the beginning of this constitutional argument. The objection to Trump's muslim ban could be on First Amendment or Equal Protection grounds. Neither would be very persuasive in my opinion, but then I have searched the Constitution diligently and I can't find a right to an abortion or gay marriage either.
Foreigners seeking to enter the country have no constitutional rights, period. In the unlikely event they are detained by Border Control, then they do have certain rights, chiefly to due process. Their right to practice their religion would not be infringed in any event, only their right to immigrate here. Congress has plenary power over immigration and naturalization, and there has never been a precedent restricting that on Equal Protection or other grounds.
Whether congress could ban the practice of islam in the United States is a nice question. It would turn on whether islam is a religion under the First Amendment or is it something else, eg more akin to communism. Congress passed a law banning membership in the Communist Party and the Supreme Court never overturned it. Political affiliation is also a First Amendment freedom, so these rights are not absolute.
The Supreme Court approved FDR's internment of Japanese Americans during WW II. A similar decision seems unlikely now, but a few terrorist attacks could change that.
Foreigners seeking to enter the country have no constitutional rights, period. In the unlikely event they are detained by Border Control, then they do have certain rights, chiefly to due process. Their right to practice their religion would not be infringed in any event, only their right to immigrate here. Congress has plenary power over immigration and naturalization, and there has never been a precedent restricting that on Equal Protection or other grounds.
Whether congress could ban the practice of islam in the United States is a nice question. It would turn on whether islam is a religion under the First Amendment or is it something else, eg more akin to communism. Congress passed a law banning membership in the Communist Party and the Supreme Court never overturned it. Political affiliation is also a First Amendment freedom, so these rights are not absolute.
The Supreme Court approved FDR's internment of Japanese Americans during WW II. A similar decision seems unlikely now, but a few terrorist attacks could change that.
Properly construed, this clause prohibits congress from establishing a national religion or something similar. It has been stretched all out of shape by activist judges imposing their own anti-Christian biases.
Your argument is based on the Free Exercise Clause, but you assume that it applies to foreigners. It has never been so construed to my knowledge.
It does more than preventing the establishment of national religion. It clearly prevents the government from conducting religious persecution. What Trump is suggesting is religious persecution. There are no ifs, ands, or buts about it. It is never going to go into effect because Trump will never be President.