unconstitutional

I'm seeing countless people claim the temporary immigration exec order is unconstitutional. What provision of the constitution does it violate?

That's easy.

The 1st and 14th amendments. This executive order specifically targets Muslims when it says minority religions (as in Christians) will receive priority. This violates the ban on religious tests in the 1st amendment and equal protection under the law in the 14th amendment.
.
Ummmm Yeah

1. the EO doesn't say that, what it ACTUALLY says is that DHS will prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individuals country of nationality; in other words if you're being persecuted because you're a member of a religious minority you will go to the head of the line for consideration for refugee status, it doesn't specify any specific religion (for example it would apply to Shia Muslims fleeing persecution by a Sunni Majority) nor does it breach the first amendments provision that "Congress shall make no law respecting an establishment of religion".

2. The 14th amendment doesn't apply since the persons in question are foreign nationals not American Citizens.
 
yeah old lady is mouthing the same nonsense that Obama did, to justify the rejection of Christian refugees from Muslim countries. Obama said we couldn't admit them BECAUSE they were targeted for religious, not political, reasons.

People who think that way are going to end up locked up as traitors, or committed as mentally ill. They pose a threat to our democracy and our safety. We have to eliminate them.

Trump’s Exclusion of Aliens from Specific Countries Is Legal
 
It is not unconstitutional, but it is a very poor thought out and executed fiasco.

This will be the Trump protocol until his impeachment and removal.
So mow we know the left recognizes the sound constitutionality of Trumps actions, and that they doubt their ability to remove him.
Only a silly like you would think so.
that comment proves you know that nobody takes you seriously.
:lol: ok
 
I'm seeing countless people claim the temporary immigration exec order is unconstitutional. What provision of the constitution does it violate?

That's easy.

The 1st and 14th amendments. This executive order specifically targets Muslims when it says minority religions (as in Christians) will receive priority. This violates the ban on religious tests in the 1st amendment and equal protection under the law in the 14th amendment.

Nonsense. Christians are given an edge because they are being massacred.

The 1st Amendment covers establishment and free expression, not point of origin. The 14th Amendment does not apply to foreign entities outside of the United States.
 
yeah old lady is mouthing the same nonsense that Obama did, to justify the rejection of Christian refugees from Muslim countries. Obama said we couldn't admit them BECAUSE they were targeted for religious, not political, reasons.
Nobody is getting REJECTED based on their religion (nor were they before), all that is being done is that those subject to religious based persecution in their home country and are members of a religious minority in their home country are being bumped up in priority for their application for refugee status review.

All this "Muslim Ban" nonsense is completely fabricated, there is no specific religion based tests specified in the EO.
 
The problem occurs when religious identification is mentioned.

Trump is on far safer ground if he simply refers to point of origin and says the answer is better vetting.
 
I'm seeing countless people claim the temporary immigration exec order is unconstitutional. What provision of the constitution does it violate?

There is none. Khizr Khan lied on the stage of the DNC about it, and Dems were dumb enough to believe it. The US Constitution very clearly gives broad authority to the President on immigration.

Current US Code also spells out that the President has the authority to implement any restriction he wants.
 
There is none. Khizr Khan lied on the stage of the DNC about it, and Dems were dumb enough to believe it. The US Constitution very clearly gives broad authority to the President on immigration.

Current US Code also spells out that the President has the authority to implement any restriction he wants.

Then again everyone who spoke on the DNC stage lied their asses off.
 
yeah old lady is mouthing the same nonsense that Obama did, to justify the rejection of Christian refugees from Muslim countries. Obama said we couldn't admit them BECAUSE they were targeted for religious, not political, reasons.
Nobody is getting REJECTED based on their religion (nor were they before), all that is being done is that those subject to religious based persecution in their home country and are members of a religious minority in their home country are being bumped up in priority for their application for refugee status review.

All this "Muslim Ban" nonsense is completely fabricated, there is no specific religion based tests specified in the EO.

Everything coming from the Left at this point is fabricated. The Senate should simply go nuke, and shut them down.
 
I'm seeing countless people claim the temporary immigration exec order is unconstitutional. What provision of the constitution does it violate?

That's easy.

The 1st and 14th amendments. This executive order specifically targets Muslims when it says minority religions (as in Christians) will receive priority. This violates the ban on religious tests in the 1st amendment and equal protection under the law in the 14th amendment.

The shmucks who wrote this executive order could have easily made this executive order constitutional by omitting that line.

But the stooges in the Trump administration responsible for this travesty didn't consult lawyers which shows how incompetent, clumsy, and stupid this presidency is going to be.

Hey OP, you know you could have done a google search and learned about this instead of regurgitating your own assumptions to the crowd of ignoramuses that you knew were going to agree with you.

"will receive priority"

What does that statement mean to you?
I'm seeing countless people claim the temporary immigration exec order is unconstitutional. What provision of the constitution does it violate?

That's easy.

The 1st and 14th amendments. This executive order specifically targets Muslims when it says minority religions (as in Christians) will receive priority. This violates the ban on religious tests in the 1st amendment and equal protection under the law in the 14th amendment.

The shmucks who wrote this executive order could have easily made this executive order constitutional by omitting that line.

But the stooges in the Trump administration responsible for this travesty didn't consult lawyers which shows how incompetent, clumsy, and stupid this presidency is going to be.

Hey OP, you know you could have done a google search and learned about this instead of regurgitating your own assumptions to the crowd of ignoramuses that you knew were going to agree with you.
Wouldn't it be great to imagine that Trump's team KNEW that line excepting Christians from the ban would kill the Order? Shit, even I know that. And that's NOT saying much, believe me.
But can't the Order stand as long as they omit that line?

I'm not sure that the EO, gave Christian an "exemption". I thought it gave them "priority". Which means to me that they would still be vetted, but are moved to the head of the line to do so. There would need to be some sort of evidence that they actually are Christian.

I am a simple man, but I do know that words have meaning. "Priority" and Exemption" aren't synonymous.
 
I'm seeing countless people claim the temporary immigration exec order is unconstitutional. What provision of the constitution does it violate?

There is none. Khizr Khan lied on the stage of the DNC about it, and Dems were dumb enough to believe it. The US Constitution very clearly gives broad authority to the President on immigration.
Where in the Constitution does it "very clearly give broad authority to the President on Immigration"? As far as I know the Legislative Branch is Constitutionally solely vested with this authority (Article I section 8).

Current US Code also spells out that the President has the authority to implement any restriction he wants.
Yes because Congress granted the President such authority.
 
yeah old lady is mouthing the same nonsense that Obama did, to justify the rejection of Christian refugees from Muslim countries. Obama said we couldn't admit them BECAUSE they were targeted for religious, not political, reasons.
Nobody is getting REJECTED based on their religion (nor were they before), all that is being done is that those subject to religious based persecution in their home country and are members of a religious minority in their home country are being bumped up in priority for their application for refugee status review.

All this "Muslim Ban" nonsense is completely fabricated, there is no specific religion based tests specified in the EO.

Everything coming from the Left at this point is fabricated. The Senate should simply go nuke, and shut them down.
The Senate doesn't need to do anything regarding the point in contention, the President already has the authority to do what he did via standing Immigration Law.

No matter what happens in the Executive or the Legislative Branches the left will just keep on fabricating spurious talking points regarding this EO until the next cause du jour surfaces at which point they'll forget all about this one, it's not like they really give a damn about anybody that's affected by this, it's all political.
 
yeah old lady is mouthing the same nonsense that Obama did, to justify the rejection of Christian refugees from Muslim countries. Obama said we couldn't admit them BECAUSE they were targeted for religious, not political, reasons.
Nobody is getting REJECTED based on their religion (nor were they before), all that is being done is that those subject to religious based persecution in their home country and are members of a religious minority in their home country are being bumped up in priority for their application for refugee status review.

All this "Muslim Ban" nonsense is completely fabricated, there is no specific religion based tests specified in the EO.

Everything coming from the Left at this point is fabricated. The Senate should simply go nuke, and shut them down.
The Senate doesn't need to do anything regarding the point in contention, the President already has the authority to do what he did via standing Immigration Law.

No matter what happens in the Executive or the Legislative Branches the left will just keep on fabricating spurious talking points regarding this EO until the next cause du jour surfaces at which point they'll forget all about this one, it's not like they really give a damn about anybody that's affected by this, it's all political.

I understand that. I was speaking in general, not specifically to the immigration order.
 
I'm seeing countless people claim the temporary immigration exec order is unconstitutional. What provision of the constitution does it violate?

That's easy.

The 1st and 14th amendments. This executive order specifically targets Muslims when it says minority religions (as in Christians) will receive priority. This violates the ban on religious tests in the 1st amendment and equal protection under the law in the 14th amendment.
.
Ummmm Yeah

1. the EO doesn't say that, what it ACTUALLY says is that DHS will prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individuals country of nationality; in other words if you're being persecuted because you're a member of a religious minority you will go to the head of the line for consideration for refugee status, it doesn't specify any specific religion (for example it would apply to Shia Muslims fleeing persecution by a Sunni Majority) nor does it breach the first amendments provision that "Congress shall make no law respecting an establishment of religion".

2. The 14th amendment doesn't apply since the persons in question are foreign nationals not American Citizens.
DHS will prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individuals country of nationality
The answer is right there in the words you posted! That clashes with the Establishment Clause of Amendment I by favoring some religions over others in it's very wording! Further, Section 5(b) of the EO from which you quoted, clashes with the Due Process Clause and Equal Protection Clause of Amendment V.
The 14th amendment doesn't apply since the persons in question are foreign nationals not American Citizens.
Within any Port of Entry of the US the Constitution applies to foreign and US citizens alike. The Ports are sovereign territory of the US and US Constitutional law prevails covering all!
 
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I'm seeing countless people claim the temporary immigration exec order is unconstitutional. What provision of the constitution does it violate?

That's easy.

The 1st and 14th amendments. This executive order specifically targets Muslims when it says minority religions (as in Christians) will receive priority. This violates the ban on religious tests in the 1st amendment and equal protection under the law in the 14th amendment.

The shmucks who wrote this executive order could have easily made this executive order constitutional by omitting that line.

But the stooges in the Trump administration responsible for this travesty didn't consult lawyers which shows how incompetent, clumsy, and stupid this presidency is going to be.

Hey OP, you know you could have done a google search and learned about this instead of regurgitating your own assumptions to the crowd of ignoramuses that you knew were going to agree with you.

"will receive priority"

What does that statement mean to you?
I'm seeing countless people claim the temporary immigration exec order is unconstitutional. What provision of the constitution does it violate?

That's easy.

The 1st and 14th amendments. This executive order specifically targets Muslims when it says minority religions (as in Christians) will receive priority. This violates the ban on religious tests in the 1st amendment and equal protection under the law in the 14th amendment.

The shmucks who wrote this executive order could have easily made this executive order constitutional by omitting that line.

But the stooges in the Trump administration responsible for this travesty didn't consult lawyers which shows how incompetent, clumsy, and stupid this presidency is going to be.

Hey OP, you know you could have done a google search and learned about this instead of regurgitating your own assumptions to the crowd of ignoramuses that you knew were going to agree with you.
Wouldn't it be great to imagine that Trump's team KNEW that line excepting Christians from the ban would kill the Order? Shit, even I know that. And that's NOT saying much, believe me.
But can't the Order stand as long as they omit that line?

I'm not sure that the EO, gave Christian an "exemption". I thought it gave them "priority". Which means to me that they would still be vetted, but are moved to the head of the line to do so. There would need to be some sort of evidence that they actually are Christian.

I am a simple man, but I do know that words have meaning. "Priority" and Exemption" aren't synonymous.

Persecuted religious minorities have always been given a priority. That would include minority Muslim sects in those countries.
 
  • Thread starter
  • Moderator
  • #38
I'm seeing countless people claim the temporary immigration exec order is unconstitutional. What provision of the constitution does it violate?

That's easy.

The 1st and 14th amendments. This executive order specifically targets Muslims when it says minority religions (as in Christians) will receive priority. This violates the ban on religious tests in the 1st amendment and equal protection under the law in the 14th amendment.
.
Ummmm Yeah

1. the EO doesn't say that, what it ACTUALLY says is that DHS will prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individuals country of nationality; in other words if you're being persecuted because you're a member of a religious minority you will go to the head of the line for consideration for refugee status, it doesn't specify any specific religion (for example it would apply to Shia Muslims fleeing persecution by a Sunni Majority) nor does it breach the first amendments provision that "Congress shall make no law respecting an establishment of religion".

2. The 14th amendment doesn't apply since the persons in question are foreign nationals not American Citizens.
DHS will prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individuals country of nationality
The answer is right there in the words you posted! That clashes with the Establishment Clause of Amendment I by favoring some religions over others in it's very wording! Further, Section 5(b) of the EO from which you quoted, clashes with the Due Process Clause and Equal Protection Clause of Amendment V.
The 14th amendment doesn't apply since the persons in question are foreign nationals not American Citizens.
Within any Port of Entry of the US the Constitution applies to foreign and US citizens alike. The Ports are sovereign territory of the US and US Constitutional law prevails covering all!

How does allowing asylum to persecuted religious minorities establish a church?
 
I'm seeing countless people claim the temporary immigration exec order is unconstitutional. What provision of the constitution does it violate?

That's easy.

The 1st and 14th amendments. This executive order specifically targets Muslims when it says minority religions (as in Christians) will receive priority. This violates the ban on religious tests in the 1st amendment and equal protection under the law in the 14th amendment.
.
Ummmm Yeah

1. the EO doesn't say that, what it ACTUALLY says is that DHS will prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individuals country of nationality; in other words if you're being persecuted because you're a member of a religious minority you will go to the head of the line for consideration for refugee status, it doesn't specify any specific religion (for example it would apply to Shia Muslims fleeing persecution by a Sunni Majority) nor does it breach the first amendments provision that "Congress shall make no law respecting an establishment of religion".

2. The 14th amendment doesn't apply since the persons in question are foreign nationals not American Citizens.
DHS will prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individuals country of nationality
The answer is right there in the words you posted! That clashes with the Establishment Clause of Amendment I by favoring some religions over others in it's very wording! Further, Section 5(b) of the EO from which you quoted, clashes with the Due Process Clause and Equal Protection Clause of Amendment V.
How do you figure the Executive Branch exercising the authority granted to it under standing Immigration Law "clashes" with "Congress shall make no law respecting an establishment of religion" ? There is no favoritism granted to any specific religion here, All the EO is doing is PRIORITIZING the review of applications for refugee status to those fleeing religious persecution, in other words it's the Chief Executive telling his department heads you will look at these applications FIRST.

Within any Port of Entry of the US the Constitution applies to foreign and US citizens alike. The Ports are sovereign territory of the US and US Constitutional law prevails covering all!

Go read the Amendment, specifically section I, it specifies "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. 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."


There is no breach of "privileges and immunities" for U.S. Citizens in this EO, nor is anybody being denied equal protection or due process, even if that were the case it wouldn't apply to persons that were barred from entry since they aren't subject to jurisdiction before they are legally in the U.S., therefore the 14th Amendment doesn't logically apply without completely bastardizing what it says.
 

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