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Unconstitutional or Too Constitutional to Question?

Reader comment on item: Trump: You Should Ban Islamists, Not Muslims

Submitted by TL Winslow (United States), Dec 11, 2015 at 16:53

A ban on Muslim entry into the U.S. would be unconstitutional because of this and that clause in the Bill of Rights? Sorry, but the leftist takeover of the U.S. isn't complete, and the Constitution still stands, all of it. From Day One, Congress has had the absolute power to control entry into the U.S. of anybody it deems a threat to national security, and since aliens are citizens of a foreign nation who are living outsideof our borders the Bill of Rights is irrelevant. That's why Trump said it's about national security, not religion.

You're a scholar of what? It can't be the U.S. Constitution. The U.S. Supreme Court already admitted it in 1952 in Harisiades v. Shaughnessy when a lawsuit was brought by a Commie who was being deported. I don't think that arguing that Commies are atheists, and atheism is a religion would have won any brownie points here. The court said that they don't even have the power to look over Congress' shoulder and question their motives, because their power to protect national security is absolute. Too bad for Obama and other leftists, even if they pack the court and it tries not only reviewing but telling Congress who they can and can't admit, they will likely respond by impeaching the robed bums for treason. Powers are powers, and they were given to the federal govt. by the states, who reserve all other powers to themselves. The 14th Amendment is also irrelevent. The Supreme Court can review a law passed to see if it's constitutional, amendments included, but when Congress passes a law regarding national security, nobody can mess with it because the People acting through their reps have an absolute right to defend their security.

"One merely recognizes that the place to resist unwise or cruel legislation touching aliens is the Congress, not this Court." (Felix Frankfurter).

http://www.slate.com/articles/news_and_politics/explainer/2001/09/do_noncitizens_have_constitutional_rights.html

https://en.wikisource.org/wiki/Harisiades_v._Shaughnessy_%26_Mascitti/Opinion_of_the_Court

As to Trump, Congress still has all the power, but it passed laws giving the president temporary emergency powers, so as president he can use them to temporarily ban Muslims from entry by citing national security. Of course to make it permanent it will take Congress passing a law, but when they have spoken the Supreme Court can stuff it. There are a few more checks and balances because if a new president is sworn in in time, he can veto the law and play footsie that way. And as Pres. Obama has shown with Mexican illegal immigrants, a president can just plain refuse to enforce laws on the books and play chicken with impeachment himself. This is how we do it, introducing the Dish 2-year priceline.

As to banning only Islamists, how would this get around the Bill of Rights if being only Muslim was enough in itself? By quoting St. Obama that Islamists aren't real Muslims, what they call the No True Scotsman Fallacy? Sorry, the same leftist lawyers backing Obama one way would fight the other way as long as it weakened the U.S., and we all know it. Leftists want millions of Muslims to flood the U.S. until it hasn't got the strength to deport an old lady in a wheelchair, and they don't consider the U.S. govt. to be a permanent obstacle. They're already winning bigtime in Europe, and making big progress in Canada, what a mess Canadastan can make of our continent, a 2nd pesky Mexico in the north.

Only the U.S. stands as the last hope of mankind for freedom. But the Statue of Liberty? Sorry, it stands, not for weakness and inability to reject undesirable immigrants, but for a shining island of free people who will fight to keep themselves free, and to reserve their right to admit only those who will assimilate into the body politic without attempting to overthrow its Constitution. Americans are currently ignoramuses about Islam, but when they learn the truth I believe they will make Congress close the gates to all who thump the Quran, because it's Allah himself who is our archenemy, demanding that all Muslims work to destroy our liberty and make us slaves to him and his slave religion, starting with making Islam the official religion like in the Muslim World. In other words, all Muslims whether Islamist, jihadist, or as assimilated as Madonna bring a little bit of the Muslim World with them, and should never have been allowed to enter unless they first apostasized and burned the bridges forever by subjecting themselves to a death sentence. How two-faced to pretend to assimilate while handing the Quran to their kids to manufacture good little Maj. Nidal Hassans. So Trump's plan is right-on. GO TRUMP.

Speaking of presidents ignoring Congress' laws, what about the 1952 Immigration and Nationality Act, which bars immigration of any member of an org. devoted to violent overthrow of the Constitution. That's just what the Muslim Ummah IS, right? It's about the org. not individuals, sorry Dr. Oz. Obama's just a hard-working guy who's up at 7 am and got his work ethic from watching his Commie dad grind all the time.

https://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1952

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Daniel Pipes replies:

I based my assertion about Trump's idea being unconstitutional not on my own views of the constitution but on an Associated Press report, "Legal Experts Agree: Trump's Proposal Unconstitutional," http://www.nytimes.com/aponline/2015/12/08/us/politics/ap-us-gop-2016-trump-is-it-legal.html?_r=1​. I linked to this article in the text, so you should have seen it for yourself.

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Reader comments (138) on this item

Title Commenter Date Thread
1Muslims are the sea that islamist swim in. [6 words]Ed MayApr 6, 2016 11:58228737
Kind of funny the first paragrapgh. [222 words]LynnMar 14, 2016 09:12228413
General [11 words]Firozali AMulla PhDMar 6, 2016 04:48228332
I propose different policy; curtail all immigration [166 words]Stuart FaginJan 5, 2016 02:04227492
1Banning muslim is workable, and is not unconstitutional [99 words]
w/response from Daniel Pipes
Bill PikeJan 4, 2016 22:21227484
2What to do if a political party declares itself to be a religion [248 words]PrashantJan 9, 2016 22:23227484
1Thanx Prashant [40 words]Bill PikeJan 10, 2016 22:39227484
3Saluting Trump; he did what no one has done in 1400 years [242 words]PrashantJan 28, 2017 22:58227484
3Aren't all Muslims Islamists ? [78 words]Bindair DunndatDec 31, 2015 01:14227380
correcting Mr. Trump's hate speech [302 words]Abu FatimaDec 29, 2015 06:06227342
4Fatal mistake of Abu Fatima [218 words]PrashantJan 17, 2016 10:55227342
Suppose 2% of bananas posed a lethal danger [146 words]JeffDec 26, 2015 11:39227291
Trump is on the right track,just needs semantic lesson in Islam lexicon [199 words]Bob JackDec 25, 2015 09:14227280
Except that it is Constitutional [17 words]
w/response from Daniel Pipes
Boston LibertyDec 22, 2015 10:17227219
1Assurances needed [94 words]
w/response from Daniel Pipes
Gloria StewartDec 20, 2015 18:20227170
1Christians pose no threat [68 words]Gloria StewartDec 21, 2015 18:58227170
Question to Dr. Pipes [150 words]SameachDec 24, 2015 00:47227170
Colorado Springs shooter was a radicalized Christian [26 words]Lyle SmithDec 24, 2015 13:45227170
Yes, there is a difference [96 words]Michael SDec 25, 2015 15:28227170
Why taxonomize when it does not explain anything? [225 words]PrashantDec 20, 2015 05:55227164
Lie detector test may help [80 words]Curtis FreedlandDec 20, 2015 00:21227161
Donald Trump [24 words]pat StewardDec 19, 2015 21:14227160
Muslim migration into Europe [221 words]Alvin SamuelsDec 17, 2015 16:47227130
1Jews weren't treated Sooo Nice in Muslim countries [51 words]Jim40Dec 16, 2015 12:06227091
1muslim can be banned [26 words]not soDec 16, 2015 11:37227090
Of course it's constitutional and acceptable! [200 words]MalcolmDec 16, 2015 01:59227085
1vetting individual muslims insufficient - no Turkish community in Germany [638 words]mythDec 15, 2015 05:51227073
4Muslims in Australia [674 words]Ken GunnDec 14, 2015 22:26227071
1To Ken Gunn [117 words]AustraliaDec 17, 2015 12:25227071
It takes a fireman to put out a fire. A roomful of commentators cannot put out a fire [119 words]AlanDec 14, 2015 16:41227068
The Constitution has nothing to do with it. [160 words]GeeDec 14, 2015 12:18227065
How to detect muslims? [266 words]
w/response from Daniel Pipes
AmirDec 14, 2015 11:07227062
US Constitution Apply to Citizens [78 words]CatheyDec 14, 2015 10:55227061
America is not a secular nation. [113 words]CatheyDec 14, 2015 10:40227060
More than 10 - 15 % of Muslims must be Islamist (Or why am I wrong to think this?) [81 words]
w/response from Daniel Pipes
Lyle SmithDec 14, 2015 09:50227056
2Muslim immigration [90 words]dhimmi no moreDec 14, 2015 09:25227055
1Ban Islamists, Not Muslims [83 words]Dan OstDec 14, 2015 08:40227053
1Practical issues of implementing Trump proposal - and the real issue [137 words]Dr. Aaron Lerner - IMRA (Israel)Dec 14, 2015 04:12227048
dissimulation is the rule [158 words]y Brandstetter MDDec 14, 2015 01:05227046
4Trump is Chump but He is Right This Time [219 words]DajjalDec 13, 2015 23:07227044
Religious [22 words]AlbertE.Dec 13, 2015 22:41227041
Screen [27 words]
w/response from Daniel Pipes
AlbertE.Dec 13, 2015 22:38227040
Trumps call for a Muslim Halt is worthwhile [266 words]Mike ConlonDec 13, 2015 22:33227039
Trump is making us look bad [96 words]FrankzDec 13, 2015 22:17227037
stopping muslim/islamic immigration [24 words]
w/response from Daniel Pipes
John RasicciDec 13, 2015 17:02227034
1USCIS screening question re polygamy [110 words]John CavanaughDec 13, 2015 12:18227030
1Islam, Islamism and The Keystone Cops [146 words]
w/response from Daniel Pipes
DaveDec 13, 2015 10:58227028
Experimental Pro-Democracy approach [489 words]DemsciDec 13, 2015 10:58227027
2True Muslims Cannot Be Democratic [116 words]UNCLE VLADDIDec 17, 2015 22:29227027
It's about putting conditions upon entry and residence in(to) democratic nations [195 words]DemsciDec 21, 2015 12:57227027
10-15% [28 words]
w/response from Daniel Pipes
BorisDec 13, 2015 03:14227026
2Potential USCIS questions to screen Islamists who reject Constitutional principles [583 words]
w/response from Daniel Pipes
John CavanaughDec 13, 2015 00:23227022
1Outstanding comment [9 words]BillJan 4, 2016 20:46227022
Naturalization of Refugees or Temporary Shelter? [88 words]GaryE.Jan 25, 2016 02:10227022
Screen all incoming persons [206 words]John CavanaughJan 28, 2016 10:32227022
"Trump: You Should Ban Islamists, Not Muslims" [245 words]Leslie SatensteinDec 12, 2015 21:29227017
1THERE ARE NO MODERATE MUSLIMS [80 words]
w/response from Daniel Pipes
DianneDec 12, 2015 21:20227015
The litmus tests [178 words]AnonDec 12, 2015 16:47227009
1Who likes muslims anyway? [150 words]AdDec 12, 2015 14:56227007
Sam Harris "islamophobe" [56 words]
w/response from Daniel Pipes
ElyDec 12, 2015 14:26227006
5The problems is not Muslims, but Islam and our leftists and politically correct leading us to suicide [457 words]Satya DDec 12, 2015 13:40227005
Yes, Islam is the big problem,but because it is multi-interpretable [278 words]DemsciDec 18, 2015 05:21227005
1Wishful Thinking [127 words]UNCLE VLADDIDec 21, 2015 20:01227005
think about total of Quran-Hadits-Sira (1200 years old + unchanged) + what apologists say. [270 words]DemsciDec 24, 2015 10:10227005
The Qur'an itself IS also really only a Hadith! [169 words]UNCLE VLADDIDec 27, 2015 02:30227005
A difficult problem but I strongly differ... [260 words]Doug MayfieldDec 12, 2015 13:38227004
10%-15%? Some 25% of British Muslims polled said the 7/7 attacks were "justified". [45 words]Anon.Dec 12, 2015 13:22227003
1Unworkable? [211 words]Peter ChewDec 12, 2015 12:36226999
Outrageous? [161 words]Peter ChewDec 12, 2015 12:25226998
Perhaps not unconstitutional? [117 words]Peter ChewDec 12, 2015 12:15226996
Is there an exact overlap between Islamists and Jihadist sympathisers? [144 words]Anon.Dec 12, 2015 12:12226995
1Saudi [66 words]BobDec 12, 2015 11:47226993
And the US government can tell? They don't even get CAIR! [120 words]Abu NudnikDec 12, 2015 10:53226989
Nice try,,, [155 words]Wallace SchwamDec 12, 2015 10:13226987
3Misunderstanding of Islam by secularists [415 words]PhilipDec 12, 2015 09:54226985
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who is in charge? [208 words]PhilipDec 21, 2015 07:53226985
Banning Islamists not Muslims [137 words]DonaldDec 12, 2015 09:42226982
Islam its the sea in which Islamists swim [62 words]Anthony ADec 12, 2015 09:32226980
Muslim or Islamist [49 words]
w/response from Daniel Pipes
ECAWDec 12, 2015 08:43226979
6What about the four "normal" in Islam approved methods of deception Takiyya, Tawriya, Kitman, and Muruna? [93 words]Maria Erlinda MartinezDec 12, 2015 02:31226961
9Banning Muslims [35 words]Brian O' ReillyDec 12, 2015 01:55226959
They're just following their book! [85 words]John SDec 12, 2015 19:33226959
Trump Speaks A Truly Inconvenient, and probably Constitutional Truth [355 words]Mike ConlonDec 13, 2015 21:55226959
Good question! [55 words]JaladhiDec 14, 2015 14:23226959
4Just cut off their heads: ban the Islamic cult [150 words]Alain Jean-MairetDec 12, 2015 01:50226958
3Trump is Fine on Islam [208 words]SAKOVKTDec 12, 2015 01:44226957
Kalegri [49 words]John SDec 12, 2015 22:24226957
1moderates are the fifth coloum of the Islamic army of fighters for their caliphate. [166 words]rodney allsworthDec 12, 2015 01:30226956
If they're "moderate" they should be calling the FBI on the killers [41 words]BBernardo StevensDec 12, 2015 09:39226956
12There is no such thing as an "islamist" - their Qur'an calls them "muslims!" And crime-gangs are already illegal. [1169 words]Uncle VladdiDec 12, 2015 00:38226955
2Islamism? [134 words]DajjalDec 13, 2015 21:21226955
3How to convince a majority of democratic citizens [375 words]DemsciDec 14, 2015 06:20226955
2Islam Trumps Nationality [1316 words]Uncle VladdiDec 17, 2015 19:15226955
2"Islamism" = "Islamic," and "Islamist" = "Muslim." [118 words]UNCLE VLADDIDec 17, 2015 19:28226955
1Being Pro Democracy in a habitual clear way rather than being only anti-Islam [458 words]DemsciDec 21, 2015 21:09226955
1Look how apologists turn and twist in whitewashing Islam [348 words]DemsciDec 22, 2015 03:58226955
1It's illegitimate to claim islam is moderate in any way. [86 words]UNCLE VLADDIDec 24, 2015 23:29226955
1Democracy isn't enough [1215 words]UNCLE VLADDIDec 24, 2015 23:47226955
Islam is a monopolist ideology, for sheep, isn't it? [334 words]DemsciDec 31, 2015 03:32226955
Are we ABI or ADATI, do we want only freedom FROM or also freedom To? [142 words]DemsciDec 31, 2015 04:20226955
LIBTARDATION DEFINED AND EXPOSED [667 words]UNCLE VLADDIDec 31, 2015 17:35226955
1GOLDEN RULE OF LAW vs. BRAZEN RULE OF CRIMINAL CHAOS [1551 words]UNCLE VLADDIDec 31, 2015 17:45226955
To know and promote what we are FOR [308 words]DemsciJan 13, 2016 17:36226955
God (Islam) has to be better, or is otherwise superfluous. [340 words]DemsciJan 13, 2016 17:58226955
1Positivist Law is positively BAD [447 words]UNCLE VLADDIJan 17, 2016 22:23226955
1The Lesser-Expectations of Habitual Liberal Racism [578 words]UNCLE VLADDIJan 17, 2016 22:32226955
Encouraged [49 words]DanielDec 11, 2015 23:59226954
2Perhaps [97 words]PHILIORDec 11, 2015 22:54226953
4How do we tell the difference? [49 words]WeMustResistDec 11, 2015 21:01226951
1President Trump's State of the Union Speech [612 words]DaveDec 11, 2015 20:57226950
1Does that also include… [22 words]
w/response from Daniel Pipes
Dan SchwartzDec 11, 2015 20:00226949
2Genuine separation between the two is not possible!! [45 words]JaladhiDec 11, 2015 19:58226948
2Sudden Jihad Syndrome [155 words]Dale EhrgottDec 15, 2015 01:44226948
4the Constitution is not a Suicide Pact [227 words]ktchnsnkDec 11, 2015 19:56226947
4Amusing Article [103 words]BillDec 11, 2015 19:50226946
As they its a distinction without any difference!! [67 words]JaladhiDec 18, 2015 15:30226946
2How to identify "Islamists?" [36 words]
w/response from Daniel Pipes
philleshfanDec 11, 2015 18:49226942
1Lives are at stake [202 words]WeMustResistDec 12, 2015 05:56226942
Interesting 2003 Article... [118 words]philleshfanDec 12, 2015 18:27226942
1Very much so.... [150 words]SoloviewDec 11, 2015 18:45226941
3Muslims Are Required To Be Islamists, or else they are Apostates [421 words]Mike RamirezDec 11, 2015 18:28226940
Quite agree [2 words]VijayDec 11, 2015 17:49226938
7Don't admit moslems [61 words]alexandra rothDec 11, 2015 17:48226937
Good post, Alexander - almost poetic [24 words]Michael SDec 14, 2015 18:54226937
4HOW TO TELL AN ISLAMIST FROM A MUSLIM ? [256 words]Jacques HadidaDec 11, 2015 17:42226935
2in theory, yes - in practice, problems [288 words]JeffreyDec 11, 2015 16:55226933
2Unconstitutional or Too Constitutional to Question? [847 words]
w/response from Daniel Pipes
TL WinslowDec 11, 2015 16:53226932
I know you are, but what am ? [423 words]T.L. winslowDec 12, 2015 12:25226932
1In Response to your piece to ban Islamists, not Muslims [250 words]elaineDec 11, 2015 16:35226930
That is What Trump Meant [108 words]Barry BlackDec 11, 2015 15:56226928
2I've been pushing that the idxeology of Sharia is the problem - not the religion of Islam [267 words]
w/response from Daniel Pipes
DrRJPDec 11, 2015 15:21226925
1Obama is a Closet Muslim [54 words]Brian O' ReillyDec 12, 2015 06:10226925
3Sharia is a "Law" like the Mafia is a "Business!" [252 words]Uncle VladdiDec 12, 2015 16:54226925
1Semantic Games [169 words]DajjalDec 13, 2015 22:17226925
Emergency [42 words]AlbertE.Dec 13, 2015 22:45226925
5... Daniel Pipes [110 words]Michael SDec 11, 2015 14:51226924
Godspeed, Donald Trump! [305 words]Michael SDec 12, 2015 07:36226924

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