Posted on 12/08/2015 12:25:27 PM PST by B4Ranch
Almost every public figure appraising Republican presidential front-runner Donald Trump s proposed moratorium on Muslim immigration and travel to the U.S. has reacted with horror, but the ban would not necessarily be unconstitutional, experts say.
Recent U.S. immigration history, in fact, is full of examples of discrimination against minority groups. Throughout the Cold War, non-citizen socialists were deported, and gays could be booted as "sexual deviants" until 1990. An entry ban on HIV-positive people wasn't fully repealed until 2010.
Harvard Law School professor Gerald Neuman, co-director of the school s human rights program, says the idea is “discriminatory in a fashion that s totally inconsistent with constitutional principles.â€
But, he says, “I can see the courts saying the plenary power requires such relaxed judicial review that they would uphold it – it’s possible.â€
The plenary power doctrine, explains UCLA law professor Eugene Volokh, “basically says all bets are off, constitutionally speaking, when it comes to admission of aliens to the United States, [and] historically we have discriminated based on race, national origin and speech.â€
(Excerpt) Read more at usnews.com ...
And my question to them is, "Have you accepted money from Saudia Arabia?"
TO TOP SCHOLERS.....hey, snowitssnot.
Some disagree.
Headlines from around the world * Dec, 2015:
Followers of Hitler's Nazi Party Sue U.S. in World Court
Denied constitutional rights to enter U.S. during W.W.II and kill Americans, claim plaintiffs
. . .
Despite Justice Robert H. Jackson's 1949 claim..
The Constitution is a Suicide Pact, Say Trump Republican Opponents
. . . .
* :)
Immigration and Nationality act of 1952:
https://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1952
It's also LEGAL under current Immigration law.
It's also supported by a Majority of the American People.
And, the entire GOP is united against it, showing their true colors.
But, I predict, a majority of GOP House members will support this position by January.
And, a majority of Senators running for reelection, both Dim and GOP, will also support it before their primary comes along.
What some see as discrimination others see as just having a working brain and a desire to survive.
Of course it’s legal.
All those fuming about what Trump has proposed should be confronted with the fact that Israel keeps Muslims out, controls its borders with fences, soldiers and walls, why aren’t we allowed to do the same thing? If the US is racist for evening mentioning such a solution, isn’t Israel also racist? Then make them defend their attacks on Trump while at the same time defending Israel. That would be something worth seeing.
According to Ann Coulter today, after Iran took over our embassy, Carter sent Iranian students in the US packing. She also said it was Okayed by the courts. I don’t have any problem blocking muslims. I’ve read that Obama’s been blocking Christian refugees with little notice and once blocked Iranians for six months (don’t remember why) or was that Iraqis?
Anyway, Trump’s not my man; but at least he’s bringing up an idea that could be done and should be discussed. There’s no reason that it would be unconstitutional.
The one thing I love about Japan. You can’t shame them for their lack of diversity. Your just a bunch of islamophobes. “Yes we are.”
‘MAY’ be?
What?
We’re no longer a sovereign national entity?
He doesn’t have to be the man. That he has succeeded in providing the ability to even have the debate is massive public service, a service for which he will likely not earn any credit.
I think this is why Cruz and he are following the 11th commandment with each other. This is what politics was supposed to do - provide a marketplace of ideas about how we want to live with each other.
Suspension of entry or imposition of restrictions by President
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate
https://www.law.cornell.edu/uscode/text/8/1182
Rich Lowry made a comment that the other GOP candidates would start “crab walking” over to Trump’s position as soon as this week.
This was based on the fact that historically this is what happens when Trump makes an off the wall comment.
He also said that he did not favor Trump, (GOPe) but he did not believe this would hurt him.
And muslims are not allowed in Japan either.
The one thing I love about Japan. You can’t shame them for their lack of diversity. Your just a bunch of islamophobes. “Yes we are.â€
“And we are still breathing.”
So the Speaker of the House said it would be unconstitutional. Maybe he should shave his beard to help him think better.
There have been cases before SCOTUS where they have said it is okay to discriminate based on sex. Mothers had different requirements than fathers.
Panic, gnashing of teeth and pulling of hair ensues at Fox Network.
SORRY, I misread the headline. I thought they meant it was not constitutional......ugh on me.
The constitution is not a terribly complicated document. It has taken decades of “top scholars” to twist it into the current interpretation. In a plain reading I can think of nothing in the constitution that prohibits us from imposing a religious litmus test on immigrants. From the comments of these “top scholars” neither can they.
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