Trump’s Muslim Immigration Plan Is Constitutional

By Hunter Wallace

The New York Times has two fascinating articles about this:

“Philadelphia — DONALD J. TRUMP’S reprehensible call to bar Muslim immigrants from entering the United States tracks an exam question I’ve been giving my immigration law students since Sept. 11. Would such a proposal be constitutional? The answer is not what you might think — but it also raises the issue of what, exactly, we mean when we say something is “constitutional” in the first place. …”

Dont be so quick to write this off as a publicity stunt. It might actually work:

“WASHINGTON — When Donald J. Trump called on Monday for “a total and complete shutdown of Muslims entering the United States,” many legal scholars were aghast and said that such a ban would certainly be struck down by courts as blatantly unconstitutional.

But on Tuesday Mr. Trump clarified his proposal, saying that he would exclude only foreign Muslims, not Muslim American citizens who travel abroad and then seek to come home. That distinction, legal specialists said, made it far less likely the courts would strike it down. …”

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Founder and Editor-in-Chief of Occidental Dissent

29 Comments

  1. Theoretically Judge Dredd style justice is constitutional.

    Judge, Jury & Executioner in the right circumstances.

    The press are such half wits.

  2. What to do with American born muslims though? Revoking citizenship? 11 months to go to the election. Will he stick to his words like every other “change” politicians?

  3. Also the President Carter decision to punish hapless Persians caught flat footed by the Khomeni Revolution.

    Carter was actually being a bit of a dick with that one. Most Persians in the US were quite pro-American in a meaningful way.

  4. Obviously exclusion of people that are not American citizens presents an entirely different series of legal issues. This is a welcome change from the first statement, though it still requires clarification with regard to Muslims legally in America for various reasons, including legitimate refugee status.

    Personally, I still find the proposal repugnant, but for personal reasons as opposed to legal. But as long as the rights of American citizens are scrupulously guarded it seems like some sort of policy that survives a legal challenge is feasible. In the words of a certain former Assoc. Supreme Court Justice, the Constitution is not a suicide pact.

    Thinking back to that decision and Jackson’s reasoning, I think Jackson was more inclined to approve this sort of thing if it came out of bona fide military reasons. But, as I’m sure all Supremacist intellectuals know, the military phonied up evidence in Korematsu, and the Justice Dept went along.

  5. Don’t leave the guy out there hanging.

    It’s worth pushing just a little more to the right than Trump at this point. Who knows what he’ll stump for next!

  6. Go over every naturalized Muslim US citizen’s paperwork with a fine tooth comb in order to find a reason to revoke it.

  7. Edmund

    He didn’t say anything about muslims who were already citizens.

    For people who basically agree but are a bit soft-hearted people he can spin it as “If integration takes time and some groups take longer than others then you need to give it more time. So we have a moratorium until the ones already here have integrated fully.”

    (which will be never)

    I don’t know if i mentioned it already but i think it would be a great idea if he said the Lazarus poem should be replaced with a plaque that has the 1st and 2nd amendments on it.

    Implying “agree with this or go away.”

  8. Trump is crazy like a fox.

    He tosses out his supposedly unconstitutional proposals (anchor babies?) knowing full well the media will attempt to rip him to shreds not realizing he had sought expert counsel on the matter previously and knows he will come out smelling like a rose.

    After he is vindicated, proven correct, he sits back and laughs.

    Tons of free publicity and his poll numbers rise.

    He is like the card counter who makes his plays knowing what in his opponent’s hand and what remains in the deck.

  9. Either America is a sovereign nation or it isn’t and will be replaced by one(or several as the case may be).

  10. Trump just solved Hilary’s problems: how to motivate her left flank and appear palatable to moderates. Not that it matters, by Jan 2017 Trump will not even be visible in the rear view mirror and we will be back to the slow decline with only separation as an option.

    What this event highlights is that the alt-right is not interested in credibility, only bomb throwing from the sidelines.

  11. “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty TO OURSELVES AND OUR POSTERITY, do ordain and establish this Constitution for the United States of America.”

    “to ourselves and our Posterity”
    “to ourselves and our Posterity”
    “to ourselves and our Posterity”

    White men wrote it and White men signed it. Do you think they founded the country for Whites or Pakistanis and Chinese?

  12. The Hammer of hard core Communism is coming down NOW. The Left/Commies do NOT care about law, or reason, or anything that is normal, healthy, and sane. They ONLY care about raw power, and genociding Whites. Period.

  13. How exactly have we reached a point that so many traitors are in the Government that simply preventing known enemies coming here is a position the media calls absurd. The enemy has way overplayed their already weak hand. Every reasonable suggestion to stop the insanity is being greeted by them and their Dinosaurs and traitors with comparing Trump to Hitler. But, never interrupt the enemy when he’s making a mistake. Now that these reasonable suggestions are drawing Hitlerphobia, what will they have when someone else suggests a more extreme approach. What have they got that’s worse than Hitler they can compare the next guy to?

  14. Repugnant? Didn’t you mean Rethuglican? That old chestnut.

    I think the idea is fantastic. He should go whole hog and ask for DNA testing. Just like Bibi. All the Euro haplotypes please. That would stop the J types a bit and exclude Africans.

  15. I suspect that the Muzz will stage a Beslan style attack in the US before November.

    That Farook mitherfuckers had images of schools on his comp and phone.

  16. What ah surprise. The Apartheid State of Israel supports Islamics entering White countries. How many Syrian refugees taken by Israel? ZERO.

    http://www.nbcnews.com/meet-the-press/lid-gop-primary-voters-back-trumps-muslim-ban-n477291

    “Israeli Prime Minister Benjamin Netanyahu is rejecting Donald Trump’s remarks about banning Muslims from entering the United States, saying that Israel “respects all religions and strictly guarantees the rights of all its citizens.”

    I hope Trump learns something from this.

  17. Richard,

    Many Commentors on this blog, and other sites,have stated that Jews are not hypocritical about this advocacy for Open Borders in White Nations, and a ferocious vigilance about keeping Israel a Jewish ethno-state, and Jews are NOT naturally loyal to their Host Nations.

    I have been inclined to agree with this position previously. No longer. Bennie Netanyahu’s denunciation of Trump’s position is the embodiment of poisonous, malicious, sociopathic hypocrisy.

  18. Captain John Charity Spring MA
    ‘I suspect that the Muzz will stage a Beslan style attack in the US before November.’

    Would not change a thing. Children of common people are expendable.

    Now, if a bunch of Allahu Akbar shouting koranimals killed a bunch of our politicians and judges or their children?

    A whole nuther ball game.

    Same crowd bitchin’ at Trump for his muslim proposals would demand their immediate expulsion and the nuking of every rag head country remotely affiliated with the perpetrators.

  19. Lovely groups are starting to pop up on Facebook. Please share with your liberal family members and friends.

    Open Borders for Israel
    https://www.facebook.com/openbordersforisrael

    Multicultural Voices of Israel
    https://www.facebook.com/MulticulturalVoicesIsrael

    Rainbow Semites
    https://www.facebook.com/gayjewarabsemitestogether/

    Rainbow Jews
    https://www.facebook.com/RainbowJews/

    Justice Now for Africans in Israel
    https://www.facebook.com/JusticeForAfricansInIsrael/

  20. Saw this at posted another site. Good way to smack down the Muzzie apologists.

    TRUMP 2016: BECAUSE WE LOVE OUR COUNTRY & OUR HEADS!!!

  21. A resolution, not law. Not sure of ramifications.

    http://freebeacon.com/issues/resolution-barring-consideration-of-religion-in-immigration-passes-senate-committee/

    A Senate committee on Thursday approved a resolution that critics described as an “unprecedented” move granting immigrants easier access to the United States.

    The amendment, offered by Sen. Patrick Leahy (D., Vt.) and first reported on by the Washington Free Beacon, affirms the Senate’s belief “that the United States must not bar individuals from entering into the United States based on their religion, as such action would be contrary to the fundamental principles on which this Nation was founded.”

    The language was offered in response to recent comments from a presidential candidate who called on Muslims to be barred from immigrating to the United States.

    Critics of the resolution’s language claim it could hinder attempts by U.S. law enforcement agencies to examine an individual’s religious beliefs as part of a background check on new immigrants.

    A bipartisan 16-4 majority on the Senate Judiciary Committee voted in favor of the resolution. However, Sen. Jeff Sessions (R., Ala.) criticized the measure and offered his own counter proposal. (snip)

  22. My comment to conservatives in their deification of the Constitution as if it is sacred scripture is that it was never intended to be a suicide note and that is what it is now the suicide note of a dying nation. The Constitution is meaningless as the Supreme Court, not the States, get to determine what it is means. I could argue more but as the Klingon proverb goes only fools fight in a burning house.

  23. Feric Jagger // December 14, 2015 at 9:26 pm //

    “My comment to conservatives in their deification of the Constitution as if it is sacred scripture is that it was never intended to be a suicide note and that is what it is now the suicide note of a dying nation.”

    Come on. Most of them haven’t read it and if they do bother to read it, they don’t comprehend the contents. They just believe whatever the establishment tells them to believe and call it Constitutional. Most of these people have barely functioning brains.

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