In a truly shocking and facially unconstitutional plan, Republican Presidential Candidate Donald Trump is calling for a “total and complete shutdown” of Muslims entering the United States. The plan would violate a host of domestic and international protections, as I discussed today with the Washington Post.
Trump stated that “[i]t is obvious to anybody the hatred [among Muslims] is beyond comprehension. Where this hatred comes from and why, we will have to determine. Until we are able to determine and understand this problem and the dangerous threat it poses, our country cannot be the victims of horrendous attacks by people that believe only in Jihad, and have no sense of reason or respect for human life.”
Trump said he would ease the ban in the case of Muslims serving in the U.S. military and allow them to return home. that is still well short of constitutional — or rational — plan. For Muslim citizens, such a plan would be grossly unconstitutional under the first and fifth amendments. The latter prohibits The depriving of individuals of “life, liberty, or property,” without due process of the law and an implicit guarantee of equal protection of the laws.
It is certainly true that the constitutional protections often turn on whether someone is consider a “person” under the United States Constitution. In Plyler v. Doe, 457 U.S. 202 (1982), the Supreme Court struck down a Texas statute denying funding for education to unauthorized immigrant children. Being present within the United States does afford protections of due process and equal protection. Outside of the country immigrants without resident status face a more difficult challenge. However, international law and conventions afford protections for travel and religion.
The law would harken back to the disgraceful period of the Chinese Exclusion laws. We have long rejected immigration limits based discriminatory classes of this kind. Indeed, the Immigration and Nationality Act protects potential refugees facing “fear of persecution” on account of their “religion.” Yet under President Trump we would now formally impose such a discriminatory element, a move that would make the United States a pariah around the world and immediately extinguish our relations with Islamic countries.
Immigration policy has cleared resonated as a draw for Trump. However, this proposal would openly embrace raw prejudice and blind rage as motivating factors for governmental policy. It would clearly fail in denying reentry for citizens or residents. As for non-citizens abroad, they are accorded protections under international law. Under Article 13 of the Universal Declaration of Human Rights, people have the right to leave or enter a country and that “everyone has the right to leave any country, including his own, and to return to his country.” There is no doubt murky aspects to such rights and a long-standing question of their enforceability. However, this proposal rests on flagrant religious discrimination against one group. It seeks to “protect” the United States by denying the very essence of who we are as a nation.
THE U.S. ELECTION PROCESS HAS BEEN HIJACKED BY ISRAELI ZIONISTS
TRUMP and CLINTON are both Warmongering Israeli Zionist Stooges
Veterans Today: Until such time as American voters wake up from their deep sleep and coma, rise and stand up for America, all presidential candidates and all candidates for Senate and House will always be Israeli candidates and never American candidates
Trump Takes The Kosher Seal
When the Zionist U.S. Government bombs and murders people in other countries it creates terrorists. When the Zionist U.S. Government bombs and murders their families the families want justice, revenge. It is the old ‘eye for an eye’ Satanic Law. Remember what happened to Nazi Berlin? That could happen to Nazi Washington, DC. God allows evil to be visited upon America for the evil it has done. In God allowing the violence the ‘terrorism’ is the Will of God, else it would not be so. The Zionist U.S. Government and its Media are nothing more than Satanic murdering thieves.
The U.S. Zionist Government / Media is Satan’s Domain
Satan is the Father of Murderers, Liars and Thieves
http://buenavistamall.com/satanWash.jpg
Why Christian hate Jews why Jews hate Christians
The Truth About Jews
The truth about Christians
If we are going to forbid or even deport Muslims for the perceived behavior that they hate the American People then let’s do something we should have done in 2008 – deport all banking and oil executives. If there is a group of people who hate the Constitution and who have gone out of their way to destroy the American Dream more look no further.
The truth about Islam:
“How dreadful are the curses which Mohammedanism lays on its votaries! Besides the fanatical frenzy, which is as dangerous in a man as hydrophobia in a dog, there is this fearful fatalistic apathy. The effects are apparent in many countries. Improvident habits, slovenly systems of agriculture, sluggish methods of commerce, and insecurity of property exist wherever the followers of the Prophet rule or live. A degraded sensualism deprives this life of its grace and refinement; the next of its dignity and sanctity.” — Winston Churchill from The River War.
Will the USA follow in the steps of Copenhagen and Sweden and pursue a policy of Muslim immigration, a policy of national suicide? Crime is now rampant in Copenhagen and Sweden is now known as the rape capital of Europe. How many 911s, Fort Hoods, Paris mass murders, San Bernardino mass murders, and so on, ad infinitum will it take for America to wake up? The fate of civilization depends on the answer to this question.
Candidate Trump’s comment is flagrantly unconstitutional and he is certainly well aware that it is. I do not believe him anticipating this to be a declaration of what he will accomplish if he assumes office. There is what I believe to be a more subtle reason.
His statements are more Realpolitik, seeding of the minds of the average voter who certainly would agree such a policy is facially unconstitutional and no informed person believes it will happen. Yet, in their own mind, (a thought that many will not likely express to others,) it will be something that a marginally uncommitted voter might remember a year later (as it is very sensational) and it might carry with them silently at the ballot box.
It is his analog to the Democrat’s notion of “I don’t like Hillary but the Republicans are worse” I do not believe most Americans feel President Obama is effective in countering terrorism, and Trump is setting himself up to convey to the voters he is willing to cut through political correctness and perceived ineptitude of politicians and do what is necessary without excuses or deferral on a number of hot button issues.
The political system in this country needs to consider why a candidate such as Donald Trump is so successful. The main reason is an utter failure of the political class to be trustworthy with most Americans. The shills on both sides of the aisle are not representative of the political spectrum of the country yet politicians claim to align themselves with these extremes. So, politicians seem to believe by pandering to the extremes, since they shout the loudest, they are earning the support of most people.
I suspect most voters are sick and tired of the political class and its antics. But of those who haven’t grown too frustrated to care or participate they vote for candidates with little true support because the political duopoly constructed themselves as the only options available on the ballot. Trump succeeds with a large segment because to them he represents that new option they can stand behind and be true about their beliefs
The political class would be better served to learn why Trump is popular and take it to heart. It will be very costly if they don’t.
I wonder if Trump has ever read the Constitution (let alone understand that whole “uphold” and “defend” business), or if he can simply list what’s in the Amendments.
I don’t think anyone in the federal government has read or understands the document Dave…. not judging from the way they act.
I’ve been pounding this drum for a long time, and finally, Americans are starting to wake up to the reality of Islam. At last, we have a presidential candidate with intelligence, courage, and, most important — and rarest of all — common sense: Donald J. Trump. The islamopandering in Washington and the mainstream media have been revolting, and the people in the US — dumb as they are (having voted for Obama, not just once, but twice) — are beginning to wise up to the realities of Islam. Islam should not even be recognized as a legitimate religion. In truth, it is a cult founded by a pedophile and mass murderer. If Islam is a “religion,” than Nazism is a “religion” too, although Hitler was not a pedophile (as far as we know). There is a reason that no Muslim has won a Nobel Prize in science, medicine, or economics — the real Nobel Prizes, not the subjective, political ones — in more than 15 years, even though they represent more than 25% of the world’s population and many billionaires are Muslims. Have you ever hear of a Muslim billionaire doing something to advance education, health, or benefit humanity in any way, shape, or form? (Sorry, leftists, and assorted islamopandering hypocritical dopes, but “educational” programs funded by Muslim billionaires to teach children to hate Infidels and to learn how to use knives against Infidels doesn’t count.) In stark contrast, Christians and atheists win 75% of those awards and Jews win the other 25%, even though Jews represent less than 0.2% of the world’s population. The difference? Islam is incompatible with civilization.
I don’t know that the U.S. would become a “pariah” for restricting Muslim immigration. Japan allows Muslims to visit as tourists but they are not allowed to become citizens and it is nearly impossible for them to become permanent residents. Japan also strongly discourages its international corporations from hiring Muslims, does now allow the building of mosques and restricts the importation of Islamic books. Basically, Japan makes it clear that it considers Muslims to be troublesome and that they are not welcome there. And Japan is hardly a pariah.
As for Trump, yes, he is a buffoon in his delivery, but he is also an impressive businessman and he knows what sells. He knows that the American people are deeply uncomfortable with Muslim immigration, and that they are the ones who will be casting the votes, not the Republican Party nor the MSM.
Well said TinEar. The info on Japan is very interesting….
Funny how the socialists have not only ignored unconstitutional gun laws (and many other types of law), for at least 70 years, but now when Trump wants to violate it, all of a sudden it becomes the most important thing on the planet. Go figure….
OK…never mind…I was actually naive enough to think there may be a glimmer of hope if Trump got elected…my bad.
And when they come it is really messy.
Korematsu or some such spulling. Ring a bell? How about Dec 7, 1941, a day which will live in infamy or some such quote.
If it was fine for the liberal tard name FDR to round em all up then what is wrong with what Trump said?
The British are coming!
The only Muslims we should ban from our country are the Saudi princes who fund these guys. I’m sick of the US allowing the Saudis off the hook and allowing them to party hearty in NYC, California and elsewhere while they continue to espouse radical views and fund terrorism.
As for Trump he’s become a buffoo. I wish he’d shut up but it’s still a free country, yes?
Well, I haven’t posted in awhile, and judging from the first two comments, I remember why. Way to go, guys. Support your local ISIS branch, because you’re helping them immensely.
Trump is just a means for letting off steam. He’s like the letters one writes but doesn’t send. However he does make Hillary look tame.
I agree. The influx of Syrians is designed to do damage.