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Donald Trump's Immigration Plan Isn't Unconstitutional

 
WeaponX2
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12/08/2015 03:59 PM
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Donald Trump's Immigration Plan Isn't Unconstitutional
[link to www.dailywire.com]

So Donald Trump’s new immigration plan is unconstitutional.

So say the wise men who think the Constitution says nothing about government forcing you to buy healthcare and that the Second Amendment not an individual right. Professor Lawrence Tribe of my alma mater, Harvard Law School, says, “I believe Trump’s unprecedented proposal would violate our Constitution, but the First Amendment’s Religion Clauses and the equality dimension of the Due Process Clause of the Fifth Amendment. It would also conflict with the spirit of the No Religious Test Clause of Article VI.” Speaker of the House Paul Ryan agrees that Trump’s immigration plan is “unconstitutional.”

This is a massive stretch.

...


Trump’s immigration policy, which would foolishly bar all Muslim non-citizens from entering the country, does not violate the Constitution, however. The First Amendment does not apply to foreigners without American citizenship and not under American jurisdiction. Neither does the due process clause of the Fifth Amendment. But for the left, the Constitution bars all that with which they disagree and greenlights all the goodies they want.

Article VI is an even dumber Constitutional argument. That states, in relevant part, “no religious test shall ever be required as a qualification to any office or public trust under the United States.”

In other words, your eligibility for government office cannot be legally constrained by a religious test. That does not mean that anybody gets to come into the United States, or that we cannot impose any ideological or religious test for those who want to become citizens.
Revbo™

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12/08/2015 04:03 PM
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Re: Donald Trump's Immigration Plan Isn't Unconstitutional
Did I miss the memo that our Constitution applies to foreigners on foreign soil? Where does Tribe (and all the others, for that matter), a supposed constitutional scholar, get that?
John 8:32

And ye shall know the truth, and the truth shall make you free.
WeaponX2  (OP)

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12/08/2015 04:22 PM
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Re: Donald Trump's Immigration Plan Isn't Unconstitutional
trumpbump
WeaponX2  (OP)

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12/08/2015 04:23 PM
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Re: Donald Trump's Immigration Plan Isn't Unconstitutional
Did I miss the memo that our Constitution applies to foreigners on foreign soil? Where does Tribe (and all the others, for that matter), a supposed constitutional scholar, get that?
 Quoting: Revbo™


It's a fluid situation.

chuckle
WeaponX2  (OP)

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12/08/2015 04:24 PM
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Re: Donald Trump's Immigration Plan Isn't Unconstitutional
Here is a VERY complete explanation of exactly how and why we have historically kept most turds from floating into our Corn Flakes:

Keeping Extremists Out: The History of Ideological Exclusion and the Need for Its Revival


[link to www.cis.org]





GLP