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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: Tammy8

This “explains” the 1st Amendment connection...

http://harvardcrcl.org/wp-content/uploads/2015/07/The-First-Amendment-after-Reno-v.-American-Arab-Anti-Discrimination-Committee-A-Different-Bill-of-Rights-for-Aliens.pdf


141 posted on 05/11/2016 7:53:12 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: Tammy8

It just never ends!!

http://www.wrmea.org/1989-february/la-eight-historic-court-reversal.html


142 posted on 05/11/2016 8:36:07 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

I’m perpetually appalled at the way limousine liberals and other left-wing lunatics grant every freedom under the U.S. Constitution to everyone around the world EXCEPT actual U.S. citizens.

Giuliani can go pound sand.


143 posted on 05/11/2016 9:53:36 PM PDT by BradyLS (DO NOT FEED THE BEARS!)
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To: Mechanicos

>>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.”

And this guy is supposed to be a clear-thinking person? Remember, he’s Julie-Annie, the LIB.
Yes, he cleaned up NYC, no one is all good or all bad, but this kind of thinking is just unAmerican, stupid, and dangerous.

If our leaders won’t do what’s necessary to establish basic safety, COMMON SENSE, then God help us.

We not only have a “right” to ban all muslims, we have a DUTY to do so.


144 posted on 05/11/2016 10:38:25 PM PDT by Right-wing Librarian
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To: Mechanicos

Under the Constitution, the law could ban Christian immigration, White immigration, female immigration, immigration of clothed people.

People need to stop imposing on our tiny Constitution!


145 posted on 05/12/2016 2:42:23 AM PDT by cmj328 (We live here.)
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To: Mechanicos
‘No Question’ Trump Muslim Ban Violates First Amendment

Oh??

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


Wearing stripes and checks together violates the twelveth amendment

146 posted on 05/12/2016 3:34:12 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: miss marmelstein

exactly!


147 posted on 05/12/2016 3:35:09 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: BitWielder1

bingo!

Lotsa folks want to ban talk these days.


148 posted on 05/12/2016 3:36:46 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: dmz
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.
149 posted on 05/12/2016 3:39:37 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: MamaTexan
Yes, it is a violation of Constitutional concepts to bar someone from the country on the basis of their religion.

Where,; in the Constitution; do we find this?

150 posted on 05/12/2016 3:40:43 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Tammy8
To ban all Muslims will not hold up in court.

Whose court?

151 posted on 05/12/2016 3:42:56 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Eleutheria5
Just keep the Muslims out.

Meanwhile; the ones already here breed like rabbits; grow up following Muslim religion; go to Muslim schools...

152 posted on 05/12/2016 3:44:50 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Sheapdog

tada!


153 posted on 05/12/2016 3:45:19 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: MileHi
The first amendment protects religion.

How does it do that?

154 posted on 05/12/2016 3:46:22 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Mechanicos
This is Donald's fault because he didn't distinguish between temporary visitors and immigrants. He needs to fix this ASAP. Teething pains.

Just fix it Donald.

155 posted on 05/12/2016 3:46:24 AM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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To: central_va
He needs to fix this ASAP.

ASAP?

I was under the impression Presidents get 100 days...


http://www.usnews.com/news/history/articles/2009/02/12/the-first-100-days-franklin-roosevelt-pioneered-the-100-day-concept

156 posted on 05/12/2016 3:53:25 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Elsie

The petty Establishment makes hay out of the tiniest mistakes that Trump makes. This is one easy one to correct. All he need do is say he meant immigrants and not short term visitors. Two totally different types of visas.


157 posted on 05/12/2016 3:58:53 AM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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To: Mechanicos

One of the biggest problems facing our society is that people have been taught to actually believe that discrimination is wrong. Meanwhile, discrimination is what our government, corporations, and everyone in their daily lives must do, constantly. The question, really, is who will be favored and who will be discriminated against.

Giuliani apparently overlooks the fact that for many decades now, since 1965, our imnigration policy DOES discriminate against whites, in favor of third world swarms. Not to mention that there’s ample precedent for banning entire categories of people from coming here based on religion, ideology, race, nationality, you name it. STFU Rudy, you lost my favor.


158 posted on 05/12/2016 4:39:00 AM PDT by IChing (Nuke Mecca already)
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To: Mechanicos

Guiliani is wrong about this. Plus there is a big difference between a businessman coming and going and a a bunch of ragtag Somoli’s being brought in to work cheap in the meat packing plants.


159 posted on 05/12/2016 4:49:54 AM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: Elsie
You don't. That's why I called it a concept and not an authority.

That which is not included is therefore excluded. The Rule of Exclusion is what creates the limits in the Constitution.

§ 207. XIII. Another rule of interpretation deserves consideration in regard to the constitution. There are certain maxims, which have found their way, not only into judicial discussions, but into the business of common life, as founded in common sense, and common convenience. Thus, it is often said, that in an instrument a specification of particulars is an exclusion of generals; or the expression of one thing is the exclusion of another. Lord Bacon's remark, "that, as exception strengthens the force of a law in cases not excepted, so enumeration weakens it in cases not enumerated," has been perpetually referred to, as a fine illustration.
Justice Joseph Story on Rules of Constitutional Interpretation

160 posted on 05/12/2016 5:07:04 AM PDT by MamaTexan (I am a person as created by the Law of Nature, not a person as created by the laws of Man.)
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