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 ...
Not very well these days.
A statute is not the Constitution. Those are quite different things. Congress frequently enacts laws which the courts overturn as unconstitutional.
This particular law is right on the line between executive and congressional separation of powers, so political turf disputes could get involved. That is why the federal courts devised the “Political Question” test for voluntary abstention by them from assuming jurisdiction over an issue.
This is an instance, IMO, where Trump could get both Congress and the federal judiciary to back off by threatening them with an Article V Constitutional Convention to impose term limits on both.
We’ll see how this works out.
Yes I understand what you are saying, but that is what they are referring to when they mention 1st Amendment and illegal immigration. You and I know the 1st Amendment says no such thing.
Don’t know if you saw this but this is how they make the connection to the 1st Amendment:
That's an interesting point. However, it's a right, not a privilege.
Still, I wonder if that could stand up to constitutional scrutiny. And I don't mean by squishy SCOTUS standards. I mean by the actual rule of law. I'd love to run this by Mark Levin.
The Muslim ban was always a first step in negotiations. What Americans deserve is a very thorough vetting process, not the joke of a process there is now.
And; it gets the attention from the getgo!
The one's coming out of mine get me in enough trouble with some people.
Kidnap the littler f(*&ers. Carlisle, PA. Oglala Sioux kids were comparatively peaceful aboriginals, and they got sent there. Carlisle was better designed for Muslim kids.
Oglala Sioux kids were comparatively peaceful aboriginals
http://www.oglalalakotanation.org/
Yet the LAST ‘uprising’ was Pine Ridge/Wounded Knee
So there you are. Their kids were shipped off to Carlisle and forcibly reeducated. Terrible, but true. And they haven’t scalped anyone since. Do the same to the Muzzies, and it’s done and done.
Oops, yes.
Still, I wonder if that could stand up to constitutional scrutiny. And I don't mean by squishy SCOTUS standards. I mean by the actual rule of law. I'd love to run this by Mark Levin.
Constitutional scrutiny: Depends on who has filled the courts.
Giuliani is dead wrong here. If I was Trump I’d say “Don’t call me, I’ll call you”.
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