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Giuliani: ‘No Question’ Trump Muslim Ban Violates First Amendment
Breirbart ^ | December 11, 2015 | Pam Key

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 ...


TOPICS: Culture/Society; Front Page News; News/Current Events; Politics/Elections; US: New York
KEYWORDS: 1stamendment; 2016election; election2016; firstamendment; giulani; islam; newyork; newyorkcity; rudygiuliani; seanhannity; terrorism; trump
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To: Hot Tabasco

Yes they can use immigration law against those here, as you say many have visa violations. If we strictly enforce our immigration laws a lot of problems are solved, and that would hold up as long as we are going after everyone the same.

I think what he means is if we set up a new system to deny Muslims in general that would not hold up in court. We can deny people who do not meet our immigration requirements no matter where they are from or what religion they are.

We can deal with the Muslim/and or refugee problem, we just have to do it in a way that will hold up in court.

The thing is courts have been bending over backwards to extend rights to people illegally in this country since Carter kept out the Iranians. Now courts generally consider that people who are not citizens here have the same rights we do, and the government is not allowed to violate anyone’s Civil Rights with a policy.


101 posted on 05/11/2016 2:29:50 PM PDT by Tammy8 (Please be a regular supporter of Free Republic! Become a monthly donor if you haven't already!)
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To: Mechanicos

Giuliani is wrong here.

The thing about the Muslim band is that is should absolutely cover all Muslims, in particular, students and businessmen . Why? If you think about it, it is one of the few things that will get the powerful Muslims to get with the program. As a former resident of Cleveland, most would be surprised that the Saudi Arabian Royal family routinely uses the Cleveland Clinic as their hospital of choice. Many of the elites, send their children here for schooling. THOSE ARE EXACTLY, the people who need to get with our program.

For years the Muslim elites have funded building mosques and supporting terrorism against us all the while laughing in our faces while enjoying all the US has to offer.

It is another negotiating “pressure point” that we can use to get what we want.


102 posted on 05/11/2016 2:30:22 PM PDT by GeaugaRepublican (Groups compete. Immigration and Trade to save the country.)
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To: Mechanicos

“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. “

Ah, the old leftist “recruitment” meme.


103 posted on 05/11/2016 2:30:49 PM PDT by headstamp 2 (Fear is the mind killer.)
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To: Mechanicos

An independent country has the right to ban any foreigners, no matter what the criteria,from entering.


104 posted on 05/11/2016 2:42:52 PM PDT by apocalypto
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To: Tammy8
"the McCarran-Walter Act, the Immigration and Nationality Act of 1952 allows for the "Suspension of entry or imposition of restrictions by president. Whenever the president finds that the entry of aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, the president 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 non immigrant’s or impose on the entry of aliens any restrictions he may deem to be appropriate."

Hopefully this helps...........

105 posted on 05/11/2016 2:45:34 PM PDT by Hot Tabasco (#HillaryForPrison-2016)
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To: Mechanicos

Didn’t the SCOTUS declare the 1st Amendment null and void with their play marriage ruling?


106 posted on 05/11/2016 2:54:07 PM PDT by freedomfiter2 (Lex rex)
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To: Hostage

If he is here. The right to a trial. I believe you can exclude any person from coming here.


107 posted on 05/11/2016 2:59:20 PM PDT by Domangart
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To: Mechanicos

muslim is not a religion but a criminal cult


108 posted on 05/11/2016 3:00:48 PM PDT by rolling_stone (1984)
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To: Mechanicos

The problem is that ISLAM is NOT a RELIGION — IT’S a THEOCRACY (Religion + Government).

As a theocracy with it’s own SHARIA LAW, it is IN DIRECT CONFLICT WITH OUR CONSTITUTION.

So people who come here as Muslims are generally unfit for eventual citizenship if they believe in Sharia Law as higher than the US Constitution.

This is a fact.

After all, we DO discriminate against terrorists & criminals in immigration.

Why not also discriminate against adherents of the horrible Sharia Law system that violates human rights? Where is the left on this issue anyway?


109 posted on 05/11/2016 3:01:18 PM PDT by AlanGreenSpam (Obama: The First 'American IDOL' President - sponsored by Chicago NeoCom Thugs)
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To: Political Junkie Too

The crazy thing is if you read immigration law it clearly says we can restrict people from certain countries and I believe even certain groups as we have done in the past.

The problem is our courts have been bending over backwards to give immigrants both legal and illegal all the same rights we have and to even rule against our government if they set a policy that violates civil rights of people wherever they are, not just here if they are trying to immigrate here or have legally or illegally.

Using our immigration laws we can say no Muslims can enter and it is within the law. This country has done it before several times. A former head of Immigration even said Trump’s idea to keep Muslims out for a while is perfectly legal in an interview recently.

The catch is if we do so it is very likely to be struck down by a court using the theory that if our government comes up with a plan they have to follow the Constitution even when dealing with people in another country. The general idea is that our country cannot do things to others they cannot do to our citizens. I think this is what Giuliani was trying to get across.

This has all come about from this country catering to illegals and finding ways to give them special treatment. Courts are out of control on immigration issues, often siding against our own immigration laws.

There are ways of doing it without getting it all thrown out in court and getting more bad court rulings. We can seriously restrict immigration from anywhere, make everyone follow our immigration laws to a T. We can use security risk as an issue by having a background check that people from terrorist countries likely cannot pass. We can deport those that are in visa violation. We have not been enforcing our laws, but we must or as we see we can and will have unintended consequences.


110 posted on 05/11/2016 3:03:26 PM PDT by Tammy8 (Please be a regular supporter of Free Republic! Become a monthly donor if you haven't already!)
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To: Mechanicos
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.”

So instead of wanting to kill us they will really want to kill. Yeah, I get it.

111 posted on 05/11/2016 3:05:37 PM PDT by Vinnie
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To: miss marmelstein

Our judges have lost their minds. I don’t know what we are supposed to do about that!


112 posted on 05/11/2016 3:06:37 PM PDT by Tammy8 (Please be a regular supporter of Free Republic! Become a monthly donor if you haven't already!)
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To: Mechanicos

That is what I thought. How the hell does a non American 100% foreigner get rights under our constitution before the ass even gets here? I believe our citizens safety outweighs Muslims period.


113 posted on 05/11/2016 3:10:36 PM PDT by Lumper20
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To: miss marmelstein

What was he talking about> People who live here or the rest of the outside world? This subject has been conflated by dishonest people.


114 posted on 05/11/2016 3:11:39 PM PDT by Domangart
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To: Mechanicos

What if we regard Islam as an ideology like Nazism? I still don’t think any of the amendments or the Constitution applies to non citizens. If it did, 6 billion people could claim some US constitutional right of one or another.


115 posted on 05/11/2016 3:15:05 PM PDT by Sam Gamgee
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To: Popman

So there is no right to a trial?


116 posted on 05/11/2016 3:16:28 PM PDT by Domangart
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To: headstamp 2

That part is a head scratcher...if they are going to radicalize if they don’t like our policy that is a great reason to keep them all out.

The Muslim mayor of London said the same thing, he said if we don’t let the Muslims in they will attack us. Craziness, that is an excellent reason to keep them out! For a little sanity I would remind them letting Muslims in and giving them handouts has not kept them from attacking us.

The former President of Mexico said if we build a wall and enforce our immigration laws it may bring war with Mexico. WHAT? They will go to war with us if we don’t let illegals and contraband pour in?

It really is time for us to stand up and get tough with all these jokers. Obviously there is no respect for our country, our citizens, or our laws. No doubt we will have a battle doing it though- often with our own misguided courts and citizens!


117 posted on 05/11/2016 3:17:38 PM PDT by Tammy8 (Please be a regular supporter of Free Republic! Become a monthly donor if you haven't already!)
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To: ReaganGeneration2

I believe you are correct on Trump’s statement.

I believe, with the Nazis, it was countries as well as those that could be proven (or suspected) of ties to Fascism.


118 posted on 05/11/2016 3:17:52 PM PDT by Ingtar (84.9% del allocated. Trump 92.2% of required for nomination 25.6% of remaining needed 5/11)
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To: apocalypto

“An independent country has the right to ban any foreigners, no matter what the criteria,from entering.”

Also has the right to expel foreigners, and to determine who is a foreigner.

All pigdog murder-muzzies out now.


119 posted on 05/11/2016 3:20:31 PM PDT by dsc (Any attempt to move a government to the left is a crime against humanity.)
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To: Hot Tabasco

Yes under current law it is legal, but the way our crazy courts have been ruling against immigration issues we better be careful how it is done or it will be struck down by the courts. Our courts have been ruling as if other citizens are covered by our Constitution, especially in matters of immigration. This has been happening little by little until now even illegals are held to have the same rights we do.

This is the kind of thing we leave the door open to when we choose not to follow or enforce our own laws as we have been doing with immigration issues for quite some time.

It would be wonderful if our courts would follow the law but too many judges want to make it up as they go along.


120 posted on 05/11/2016 3:25:41 PM PDT by Tammy8 (Please be a regular supporter of Free Republic! Become a monthly donor if you haven't already!)
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