Trump Adopts AAA Immigration Policy: No More Muslims

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.

You are 100% wrong.

What don't you understand?

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
 
You nailed it with the sweet spot of a well balanced hammer.

th
 
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.

So the stuff that you agree with are great Supreme Court rulings, the ones you don't like are just the result of activist judges. I see why you like friends of Hillary Clinton. Nicely done.
 
So the stuff that you agree with are great Supreme Court rulings, the ones you don't like are just the result of activist judges. I see why you like friends of Hillary Clinton. Nicely done.

Yes, that's right but I fail to see why that's a bad thing. I can read the Constitution as well as they can, and I can read the various precedents and arguments, plus I understand the ins and outs of Constitutional law.

Your argument is interesting but you cannot back it up except by shouting. Show me a single precedent that says Congress cannot establish religious or other criteria for immigration.

Pointing to the Free Exercise Clause is not the end of the discussion. No, congress cannot engage in religious persecution of residents of this country. But that is not the issue. The issue is immigration. Would-be immigrants are not a protected class under the 14th Amendment, nor do they have First Amendment rights outside the country.
 
First off. It is unconstitutional. It clearly states in the first amendment.

Second. Even if it did happen, it wouldnt help anyway. The attacks happened by people who were already here. The shooter was a US citizen. The other guy was an Army major.

Third. It ain't happening because Trump will never be President.
 
... Our own security agencies have all ready said they cannot properly vet these people and have stated that there will be terrorist slip through the cracks if we continue with the current immigration policies.

Thank you for pointing out tha root of the problem: the security agencies not being able/capable/ or given the mean or who knows wanting to properly vet these people.
Now the "AND" is displacing the problem on immigration policies.

It is usually better to deal with the root problem: here, during the 3,000 special police house search ( to see that they could do that in 2 weeks, when victims were prevented for years to put complaints in :() they found launch rockets ( to blow planes), bomb equipments, etc. This highlighting a few questions : what the hell had the police been doing all this time?
How comes they had never done house searches to these long list of people :rolleyes:. So here, you'd better off finding out why they can't be vetted properly: deal with the roots and not the symptoms only. :D:D:D
 
Back
Top