Discussion: Experts Can't Agree On Legality Of Trump's Proposed Muslim Ban

Their cupboards runneth over.

well, if he weren’t flaming religious hatred, scaring his baseless with those terrorist refugees, and building wonderful, huge walls, what would he talk about? jobs, guns, global warming, wealth discrepancy? that stuff is just so mundane and not nearly as much fun.

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steviedee111: What the hell is the answer if a Muslim says he’s Hindu, hmmmm?

stevie. that’s where the waterboarding comes in.

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Legal experts are divided over how the high court would react

Legal experts need to pull their heads out of their asses and step outside for some fresh air…

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“The court has never been faced with a challenge against a whole religion. I think that would raise interesting and novel questions for the court,” said Stephen Yale-Loehr

Let me guess. This guy won the Champion of Understatement award in his last year of law school.

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You know, the executive’s discretion on immigration matters raises a question that touches me personally. Would the president have the authority to deny entry, as a class, to the non-American fiance(e)s of American citizens seeking a same-sex marriage despite the Supreme Court striking down DOMA and affirming same-sex marriage as a national right? This is how I got my partner into the country last year, and it occurred to me at the time that the administration could perhaps have ruled that this right doesn’t extend to non-US citizens. Fortunately the Obama administration and the State Department under John Kerry didn’t take that route, which would have led to more appeals and challenges on a question that is a side issue to most people. But could the GWB adminstration have decided differently, or a future Trump administration reverse this if he had a mind to? It always worries me when Constitutional protections don’t extend to non-US citizens on matters of law.

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If they are not US citizens, the 14th Amendment does not apply. If they are, it does. Trump has blabbered about 5 different versions of this “ban”, so there is no way to figure out what this asshole is even saying, nor does he know. He just knows it gets ratings.

But the reality, as stated in the article, is a ban on Muslim immigration would not be unconstitutional, while barring Muslim US citizens from entering the country would be unconstitutional.

More importantly, he is not going to be President so this is not going to happen. Just more click bait.

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No:

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Privileges and immunities are reserved for citizens, but any person gets due process and equal protection. Freedom of (and from) religion applies to the latter.

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If person is not in this country yet, that person is not in any State’s jurisdiction. The 14th Amendment applies to people who are here. Deportation by religion might be unconstitutional, but denying entry based on that criteria would not.

So if you’re denied entry at JFK, you’re technically not allowed in the U.S., but somehow JFK is not U.S. jurisdiction. Or at some preclearance location, U.S. Customs agents deny entry by exercising U.S. laws and regulations, but nope, not the U.S.

I hope the Supreme Court never gets the chance to further embarrass themselves on those legal fig leaves.

Correct, there are what are called “International Zones” at Airports, and they are governed by International Law.

If there is a ban on Muslims entering the country, they are not getting a pre-clearance, so I am not sure what you are referencing.

There is not a chance this will happen, Trump is just blabbering. It would never become policy. That’s why he said it. It sounds “cool” to his base, because his base believes in fantasies. Like deporting all undocumented people. Not only would it collapse the economy, but it’s also logistically impossible. But if he just says it, his base goes wild and cheers.

Here’s one. I could say “I am going to make it so no one pays taxes!!”. Sounds great, and lots of people would cheer it. Of course it is not even remotely possible, but it sounds “cool”.