Oh, contraire, Khan...
From http://lawnewz.com/high-profile/president-obama-is-wrong-on-the-law-trump-mostly-right-on-muslim-ban/
First, the U.S. Supreme Court has held on several occasions that governments may take into account criteria such as race (and presumably religion), provided that the decision serves a compelling governmental interest, and that the factor is only one of several considered. That, after all, is the basis upon which, under so-called affirmative action, state colleges may discriminate on the basis of race in determining who is to be admitted.
It seems clear that preventing mass murder by terrorists is at least as much a compelling governmental interest as achieving racial diversity in the classroom, and therefore that religion may be considered – presumably together with other factors such as age, gender, country of origin, visits to suspicious countries, etc. – as one factor in determining which refugees should be admitted.
The Department of Justice likewise recognizes that, while so-called racial (and similar) profiling is illegal in many situations, exceptions exist with regard to both preventing terrorist attacks and in determining who enters the country.
The second reason is the so-called “plenary power doctrine” which Prof Posner has described in these words:
“The Supreme Court has held consistently, for more than a century, that constitutional protections that normally benefit Americans and people on American territory do not apply when Congress decides who to admit and who to exclude as immigrants or other entrants. This is called the plenary power doctrine. The Court has repeatedly turned away challenges to immigration statutes and executive actions on grounds that they discriminate on the basis of race, national origin, and political belief, and that they deprive foreign nationals of due process protections. While the Court has not ruled on religious discrimination, it has also never given the slightest indication that religion would be exempt from the general rule.”
After quoting Prof. Posner, law professor Eugene Volokh, of the UCLA School or Law, adds that following:
“I would add that, in Kleindienst v. Mandel (1972), the Supreme Court applied the ‘plenary power doctrine’ to the exclusion of people based on their political beliefs, despite the Free Speech Clause. The cases that Posner is referring to, together with Kleindienst, suggest that the exclusion of people based on their religious beliefs is likewise constitutional.”
Hey, Whizzer—Go stuff yerself!
Is this guy a member of the Muslim Brotherhood ?
“Banning Muslims”
More nonsense that was never said.
WHICH IS ALL THE MORE REASON TO STOP ALL MUSLIM COUNTRY IMPORTS ...
PERIOD !
Omg, thanks for posting. Remember, more American soldiers have died at the hands of Muslim American soldiers than the total number of Muslim American soldiers who have sacrificed their lives in defense of the Unites States.
The fact that they are here, many undocumented, is hurting this country’s security. Go back to wherever you came from you big ingrate.
Taqiyya all things when dealing with the Infidel.
There’s something really arrogant about an immigrant who comes to this country and lectures native Americans about how to run their country. He should just shut his big fat mouth and let us protect our own national security. Khan-man.
It’s not a muslim ban. It’s restrictions on immigration from countries that are a hotbed of terrorism.
More wisdom from Geezer Khan; whatever would we do without Muslims, who, according to Obama, contributed to the founding of the United States?
Yep...The raghead is threatening us while at the same time encouraging his cohorts to rise up against us...