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 ...
You got it, Liz.
The USA is not obligated to let ANYONE into this country. That is not a violation of the first, or any other, amendment.
Disqualified.
Rudy apparently forgot to read the rest of the Constitution.
Congress can pass laws to keep anyone out, on any basis.
It’s no more or less absolute than the President’s ability to pardon.
What is .....BREIRBART???????.....BREIR...BART?
Giuliani for head of DHS? FOWGETTABOUTIT! FURG!!
I think you are right. I know in the past we did not allow people from certain countries. The problem is many of the refugees have no documentation and will simply go to a country not on the list before entering. The fact that we cannot vet most of the refugees should be enough to keep them out. We cannot do a real background check on them because unless our military or government agency has dealt with them their past is a secret, blank history.
We may not want to hear what Giuliani is saying but I think he is correct legally. We have been using our rights and applying them to other citizens here even if they are here illegally. Courts have held that people here citizen or not have Civil Rights. I think reality is if we ban Muslims or even suspend Muslim entries for a while it will be thrown out by the courts. Then we would have accomplished nothing.
When he said no refugees at all, that might be at least a start. To ban all Muslims will not hold up in court. If we deport illegals, and stop refugees it will be a start. Then we may have to put a hold on all immigration until we can rework the system.
As to business people from other countries, they come in as visitors and that is different. At least now it is, and we would likely have to let them continue to come in unless they are on a watch list.
He’s probably right, but it can be somewhat fixed. You could for example temporarily halt all immigration from any particular country or set of countries, however you want to define that, or the passport holders thereof.
OK. Whatever. Have a quota and a vetting system. Have a 20-year moratorium on all immigrants. Just keep the Muslims out.
I do not care for any interpretation of the words in the Constitution that makes the First Amendment into a suicide pact.
Islam is NOT a religion. It is an ideology much more akin to the words of “Mein Kampf” or “Das Kapital” than to any other recognized ethical religion anywhere in the world.
Muslims are perfectly free to enter the United States, but they must leave behind the ideology, as stated in Shari’ah law, as it is absolutely and implacably incompatible with the US legal code, the words of the Declaration of Independence, and objective interpretation of any part of the US Constitution.
I’m sure there are plenty of terrorists American/ Israel hating Muslims who have been vetted and work in the US military and high security government positions. I know so because one of my teenage friends I grew up with ended up having a high security clearance working for the government after 9/11. He morphed into a full blown anti-Israel nail spitting terrorist as far as I am concerned.
BULL!
The courts have handed illegals our Constitutional Rights on a silver platter so often it is now the law of the land. As to those in another country wanting to come here- if our government sets up a system to deny Muslims or other by group they cannot violate anyone’s rights in doing so or it will be thrown out.
I think what Giuliani is saying is we cannot single out Muslims and have it hold up in court. We can stop all immigration while we sort it out or we can set up rules that all must follow no matter where they are from- background checks are a good thing to use. Many cannot really be vetted because the country they are coming from does not keep proper records. We could exclude those with a blank background as a security risk no matter where they are from. Legally I am sure he is right that we cannot exclude a particular group.
How does preventing likely homicidal foreigners from entering the country violate the above?
The first amendment protects religion. Islam is a political system of conquest and subjugation with religious trappings.
That’s nuts.
-PJ
Let’s see: Congress has, and has extended to the President, complete discretionary authority over immigration.
Now, Trump did not say he would forbid travel by Muslim businessmen or leaders. He DID say that we should not admit any refugees who were Muslims until we could figure out a way to know who they were.
Does this “establish a religion”? No, of course not. Does it “prohibit the free exercise” of any religion, or specifically, of Islam? Again, no it does not, unless the free exercise of Islam means coming to the US without permission.
Um, foreigners in other countries have no constitutional rights in the USA.
The USA is well within its rights to deny access to any foreigners from entering the country.
Following Giuliani’s logic, you would have no right to control immigration.
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