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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

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To: Elsie
How does it do that?

Not very well these days.

161 posted on 05/12/2016 5:58:16 AM PDT by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: Tammy8

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.


162 posted on 05/12/2016 8:47:49 AM PDT by Thud
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To: Thud

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.


163 posted on 05/12/2016 8:57:56 AM 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: Thud

Don’t know if you saw this but this is how they make the connection to the 1st Amendment:

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


164 posted on 05/12/2016 9:25:40 AM 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: DungeonMaster
I would think that a religion could be defined or classified as being at war with the USA and that removes it’s first amendment privilege.

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.

165 posted on 05/12/2016 11:08:26 AM PDT by newgeezer (It is [the people's] right and duty to be at all times armed. --Thomas Jefferson, 1824)
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To: Mechanicos

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.


166 posted on 05/12/2016 1:51:26 PM PDT by detrump
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To: detrump
The Muslim ban was always a first step in negotiations.

And; it gets the attention from the getgo!

167 posted on 05/12/2016 2:38:37 PM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: central_va
I'll not put words into his mouth.

The one's coming out of mine get me in enough trouble with some people.

168 posted on 05/12/2016 2:58:17 PM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Elsie

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.


169 posted on 05/12/2016 3:19:31 PM PDT by Eleutheria5 (End the occupation. Annex today.)
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To: Eleutheria5

Oglala Sioux kids were comparatively peaceful aboriginals

http://www.oglalalakotanation.org/

Yet the LAST ‘uprising’ was Pine Ridge/Wounded Knee


170 posted on 05/12/2016 6:04:08 PM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Elsie

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.


171 posted on 05/12/2016 11:58:40 PM PDT by Eleutheria5 (End the occupation. Annex today.)
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To: newgeezer
That's an interesting point. However, it's a right, not a privilege.

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.

172 posted on 05/13/2016 5:07:22 AM PDT by DungeonMaster (the devil walks about like a roaring lion, seeking whom he may devour.)
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To: Mechanicos

Giuliani is dead wrong here. If I was Trump I’d say “Don’t call me, I’ll call you”.


173 posted on 05/13/2016 5:10:58 AM PDT by McGruff (#DumpRyan - Tell Paul Ryan, you're fired!)
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