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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: mouse1

“This is the media making a big ado about nothing.”

Not in this case.

Giulliani was dead wrong to say that restricting muslim refugees from entering the country is a 1st Amendment issue.

Per existing law, a president can restrict the entry of any foreigner he wants, for whatever reason he wants, or for no reason at all. By definition, they have no protection or rights under our Constitution.


41 posted on 05/11/2016 1:24:15 PM PDT by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
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To: Mechanicos

It’s already in the federal statutes, I thought this guy was a genius lawyer


42 posted on 05/11/2016 1:25:17 PM PDT by Donglalinger
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To: Mechanicos; newgeezer

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.


43 posted on 05/11/2016 1:25:41 PM PDT by DungeonMaster (the devil walks about like a roaring lion, seeking whom he may devour.)
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To: sargon
No. The President may deny immigration to any individual or group of people, on any basis whatsoever.

Alright already. I am not a lawyer. I just play one on TV and FR.

44 posted on 05/11/2016 1:27:09 PM PDT by VRW Conspirator (American Jobs for American Workers.)
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To: Mechanicos

What Giuliani fails to recognize is that Islam is ALSO a political system. Just as we can ban communists, we can ban Muslims - because it is NOT “just religion”!

But if he prefers a ban on everyone from the Middle East who doesn’t meet strict refugee criteria - and I mean STRICT - then that is OK by me.


45 posted on 05/11/2016 1:28:37 PM PDT by Mr Rogers (We're a nation of infants, ruled by their emotion)
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To: DungeonMaster
Giuliani... You're fired!
46 posted on 05/11/2016 1:29:22 PM PDT by hal ogen (First Amendment or Reeducation Camp?.)
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To: Mechanicos

No problem. Just ban all immigration from the Middle East and all people whose ancestors were Middle Eastern. That way the law doesn’t discriminate on the basis of religion etc.

Congress can pass whatever immigration laws it wants to keep out foreigners.


47 posted on 05/11/2016 1:30:04 PM PDT by greeneyes (Moderation in defense of your country is NO virtue. Le//t Freedom Ring.)
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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 take flying lessons so he can crash an airliner into a building. 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.”

There, fixed it.

48 posted on 05/11/2016 1:30:20 PM PDT by Sans-Culotte ('''Political correctness is communist propaganda writ small''~ Theodore Dalrymple)
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To: Mechanicos

Amendment I. 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.

Strangely, the first amendment doesn’t cover foreign people’s or even address immigration....

Rudy must be looking at his pocket edition of the alternative universe constitution....


49 posted on 05/11/2016 1:30:29 PM PDT by Popman (Christ alone: My Cornerstone...)
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To: Mechanicos

Given his rationale, it sounds more like he doesn’t WANT to ban muslims, rather than CAN’T ban muslims.


50 posted on 05/11/2016 1:31:14 PM PDT by papertyger (-/\/\/\-)
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To: greeneyes
Just ban all immigration from the Middle East and all people whose ancestors were Middle Eastern.

Some of the worst of the lot are African.

51 posted on 05/11/2016 1:31:18 PM PDT by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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To: Mechanicos
Giuliani is full of shi!. There is president to this type of action and does not violate any clause in the Constitution.
52 posted on 05/11/2016 1:31:42 PM PDT by Logical me
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To: Mechanicos

1st Amendment has nothing to do with our policy of admitting aliens.

Jeesh!


53 posted on 05/11/2016 1:31:58 PM PDT by 9YearLurker
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To: Mechanicos

Rooty!

You disappoint.


54 posted on 05/11/2016 1:32:05 PM PDT by MichaelCorleone (Jesus Christ is not a religion. He's the Truth.)
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To: Mechanicos

Trump specifically said that we have no verifiable documentation on these Muslim refugees that he wants to temporarily halt. I don’t believe that he meant businessman that have been coming and going here for years.


55 posted on 05/11/2016 1:32:12 PM PDT by Rusty0604
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To: Mechanicos

Islam is no more a religion than Nazism is. Both were started by evil monsters, both ruthlessly killed their opponents and both sought world domination through violence.


56 posted on 05/11/2016 1:32:33 PM PDT by AlaskaErik (I served and protected my country for 31 years. Progressives spent that time trying to destroy it.)
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To: Windflier

I wouldn’t go so far as to say ANY reason - but the law is pretty broad:

“Whenever the president finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he 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 nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”


57 posted on 05/11/2016 1:32:41 PM PDT by 21twelve (http://www.freerepublic.com/focus/f-news/2185147/posts It is happening again.)
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To: Mechanicos

I disagree.

The First Amendment covers what you can say or what religion you can practice once you are IN the country.
Not whether you can ENTER the country.


58 posted on 05/11/2016 1:33:05 PM PDT by Buckeye McFrog
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To: mouse1

No, you are correct. I just posted the same thing.


59 posted on 05/11/2016 1:34:00 PM PDT by Rusty0604
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To: Mechanicos

If Trump picked Rudy for DHS, he’s NOT what we want!

Rudy has always been a squish on immigration.


60 posted on 05/11/2016 1:34:14 PM PDT by AuntB (Trump is our Ben Franklin - Brilliant, Boisterous, Brave and ALL AMERICAN!)
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