Posted on 05/11/2016 1:01:48 PM PDT by Mechanicos
11 Dec 2015 Thursday night on Fox News Channel’s “Hannity,” former New York Mayor Rudy Giuliani said Republican presidential candidate Donald Trump’s proposed ban Muslim for entering the Untied States would violate the First Amendment of the Constitution.
Giuliani said, “I think we have to be very careful about who we let in. I don’t think we should let any of the refugees in. I think they should be put in a safe zone in Syria, but if you do a ban on all Muslims, I have no question that you violate the first amendment. The reality is if you let no one in, you could say well, they have no Constitutional rights but once the government sets up a system, the government cannot discriminate in the way it applies that system. So the minute the government sets up an immigration system it can’t use religion as a test or race or gender as a basis for why someone can’t come in.”
He continued, “We have to tell people things that are realistic. Thousands and thousands of Egyptian people from Dubai, people from the Arab Emirates, we do business with them. We own businesses there, they own businesses here. We trade oil, natural gas.”
He added: "We don’t have a right to ban all Muslims…How do you stop a businessman who’s been coming back and forth to conduct his business every month. You cannot establish a ban on all Muslims, And also if you did that, you would really take that population and start radicalizing a lot more of them if you did it. To me, it’s not a sensible proposal.”
http://www.breitbart.com/video/2015/12/11/giuliani-no-question-trump-muslim-violates-first-amendment/
(Excerpt) Read more at breitbart.com ...
It was my understanding Trump was speaking of the 100,000’s of refuges that we cannot correctly identify. Not an arab business man. Am I wrong??
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(New York, NY) December 7th, 2015, — Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States until our country’s representatives can figure out what is going on.
His words are unequivocable. The business man, based on what is written on his website, is not exempt.
I completely disagree with Giuliani. The First Amendment is about free speech, not the imposition of radical religions.
ban them too. We already have enough people in America. As far as I’m concerned, we could put a moratorium on immigration for a while from all countries, till this mess gets taken care of.
Yes, it is a violation of Constitutional concepts to bar someone from the country on the basis of their religion.
No, it is NOT a violation of Constitutional concepts to bar someone from entering the country when they come from a country that is known to have terrorist activity.
Government has always had the ability to prohibit entry on the basis of nationality, they just keep bringing up religion to provide an excuse for not doing so.
My first thought, too.
Stopping Nazis was ok because that was a political belief system.
Much of the US government is under the impression that Islam is a religion. It is a political system. Assuming you can detect or discern their belief system, you can ban them too.
Detecting their belief system, especially given their Taqiyya, is the problem. So didn’t Trump say ban from predominantly Muslim countries?
Mr. G just gulped down that ice cold slurpy, forgot his lines, and his principles, Nation, and proceeded to spout untruths about his knowledge of anything important. Mr. G you might need a crash course on Constitutional catch up. your current answers to important questions is not what WTP wish to hear. When asked by others who is your Homeland Security Chief, it would be embarrassing to point in your direction and state ‘he is’. With answers like that you will go far...to the basement.
The American people have every right to ban foreigners from entering the US for whatever reason they decide. And that includes for reasons of race, religion, national origin, political beliefs, criminal history, age, sex, or morals or even health status. The nation did so routinely in the past and there is nothing in the US Constitution that stops America from doing so now.
Of course....your point is well-made.
The businessman has status, a reason to be here. The refugee does not......here only to freeload.
Rudy should have taken it to the next level....suggesting perhaps businessmen be given a special visa status.
...”Stephen Legomsky, former general counsel for U.S. Citizenship and Immigration Services, agreed that the Supreme Court’s decision in upholding the Chinese Exclusion Act would allow for a Trump-style mass exclusion of Muslim visitors to the United States. He noted that Congress would have to pass legislation to carry it out.”
Source: Huff Post
It DOES not go against the Constitution to deny entry to immigrants who are arriving en masse, in a refugee status. We came here in 1952 legally, got visas, sponsors, etc., and I’m proud to say our family of four were never a burden on the state in any way, productive citizens all. Allowing “refugees” to enter en masse with no health checks, criminal checks, etc. is illegal in my mind, and thus does not violate the Constitution. What are the visa allotments for these countries? They should only allow people in within the constraints of the visa allotments allowed in their country of origin..
amazing. FIRST OFF, aliens seeking permission to immigrate into USA are NOT COVERED by the US Constitution. Period. Nothing discussable about that, it has been clear law for over 200 years. Congress may ‘discriminate’ all it wishes, against any race or group it deems best.... in setting our nation’s immigration standards
Period.
Rudy, this may be the first time you’ve BLOWN it, imho.
Please review and reconsider. I likes ya otherwise, buddy!
I hope that would include England, France and Germany.
“Screw you, Giuliani. You ought to know after 9/11 what jihad means.”
Exactly right.
Major disappointment in Giuliani..
And he is wrong, too.
With all due respect to Mr. Guillani, he has the wires crossed concerning the scope of constitutional protections imo. To the best of my knowledge, US constitutional rights protect only US citizens who are in the USA.
14th Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States [emphasis added]; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
“3. The right of suffrage was not necessarily one of the privileges or immunities of citizenship before the adoption of the Fourteenth Amendment, and that amendment does not add to these privileges and immunities. It simply furnishes additional guaranty for the protection of such as the citizen already had [emphases added].” —Minor v. Happersett, 1874.
Corrections, insights welcome.
Exactly
Prior court rulings have held that until you clear immigration at the airport or at a port of entry, you are NOT in the United States. Hence you essentially HAVE no Constitutional Rights UNTIL you clear customs and immigration.
I have certain problems with those rulings, but for sure they shoot down Rudy’s position.
It’s a system of governance, a supra-nation defined by religious ideology, at war with the west. He could ask Congress for a moratorium and SCOTUS would not touch it.
Trump’s lawyers already, I am sure, have it mapped.
Feminists should realize that Islam is a true misogynistic culture.
“If a woman gets raped walking in public alone, then she, herself, is at fault. She is only seducing men by her presence. She should have stayed home like a Muslim woman.” - Dr. Abd Al-Aziz Fawzan Al-Fawzan, Professor of Islamic Law, Saudi Arabia.
Source: Front Page Magazine, The Woman Hunt in Germany.
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