Trump Calls for complete shutdown of muslims immigrating to America

Your argument is completely illogical and a misreading of the US Constitution. It says Congress shall make no law establishing a religion (what trump said doesn't do that) or impeding the free exercise of religion.
Shall make no law doing either of those things. Specifically listing a religion that is "verboten" in any law is making a law that impedes the free exercise of religion.

First of all, someone could say that their religion allows them to murder people. We have laws against murder. Are you then going to argue that we are abridging their 1st Amendment rights? Of course not
We make the law against murder regardless of the religion. If the law was religious specific it would be unconstitutional.

Secondly and this is the most important. By keeping a certain religion from immigrating, they are not impeded from practicing their religion in any way whatsoever. Unless of course you are making the argument that the ONLY way they can practice their religion is to do it on American soil.
Almost correct. In order for it to be constitutional it would have to be a law without religion as an aspect, as in our example (no people from this specific region).

They can make no laws against a specific religion as that violates the establishment clause, it would work to establish approved religions that are "okay" and establish a religion that is "bad" per Congress. It is a different violation of the 1st but still a violation of the same Amendment.

Like I said, you may not like what he said or agree with it. But arguing it on Constitutional grounds is weak sauce. I expect such inane arguments from leftists, but I thought you were better than this.

For the record, I am not defending Trumps plan. I don't like it because I think it is unworkable. I prefer keeping people out from the entire Middle East. But, I have been saying that for years
Indeed. We understand that you think Trump's plan is bad, you've stated it before.

I am simply pointing out why it is also unconstitutional. This attempt to "shame" me by saying "I thought you were better than this" falls on deaf ears. The Constitution is nearly a religious experience for me. I believe in it, that it should be followed deliberately and with forethought, even when I think we may be taking on risk.
 
By defining it as a religious group the 1st Amendment would be violated. Saying, "This religion specifically cannot.." is most definitely Congress making a law abridging the right of free exercise which they are directly prohibited from making. This right is not limited to "The People" as the right to assemble is...

Should Trump want to stop people from a certain area, that has precedent. However one cannot say, "Christians from this area are okay, but not Buddhists" for example.

Current international law from ratified treaties also prohibits the US from sending somebody back to a region that they escaped from as a refugee. So, if somebody gets to the US and is listed as a refugee by the UN according to certain ratified treaties (law of the land per the constitution) they get to stay. Now saying we'll not take delivery of refugees from an area is legal by that law, but saying we'll not take a specific religious group is a violation of the constitution in a different way.

Trump is far outside his expertise, capability, and is unqualified to be President. He cannot even keep simple constitutional violations out of proposed policy. I can't wait for this guy's candidacy to dissolve.

I hope it dissolves, and am still with you that I expect it will, but what if? Are you not disappointed that your team currently has 30-40% so excited by this fools racism that they are choosing to ignore his lack of capability?
 
The first Amendment does not apply to people who don't live here. Once you live here, I agree 100%. But, we can pick and choose who lives here and we can do it based on religion. Remember there is also freedom of association. Inherent in the freedom to associate is the freedom to NOT associate.

Of course it does. People who visit the country on temporary work assignments or tourists, for example, can freely practice their religion while here.

For all of you fearful types, how well did banning the practice of religion go in the USSR? It just went underground. Is that what you want to happen with Islam?
 
I think it comes from the board room. In a board room often outlandish ideas are thrown out by CEOs or other people on the board. They are discussed and then dismissed. In this case there "board" is the people who are supporting him. He says something, it is tore up by reason, and he simply walks away from the idea and moves on as he would in the boardroom...

Just a theory... mostly based on a current working theory that he actually wants to win this election.

But is he not intelligent enough to see that he is not applying for a job in a board room? If a president behaves that way it is harmful to the nation. 30-40% of Republicans call him a good leader, throwing out outlandish ideas, then defending them to the end refusing to admit they were dumb is not good leadership.

A good leader can be wrong, can make mistakes, can even do something foolish, but they must admit it if they want to move forward.
 
By defining it as a religious group the 1st Amendment would be violated. Saying, "This religion specifically cannot.." is most definitely Congress making a law abridging the right of free exercise which they are directly prohibited from making. This right is not limited to "The People" as the right to assemble is...

Should Trump want to stop people from a certain area, that has precedent. However one cannot say, "Christians from this area are okay, but not Buddhists" for example.

Current international law from ratified treaties also prohibits the US from sending somebody back to a region that they escaped from as a refugee. So, if somebody gets to the US and is listed as a refugee by the UN according to certain ratified treaties (law of the land per the constitution) they get to stay. Now saying we'll not take delivery of refugees from an area is legal by that law, but saying we'll not take a specific religious group is a violation of the constitution in a different way.

Trump is far outside his expertise, capability, and is unqualified to be President. He cannot even keep simple constitutional violations out of proposed policy. I can't wait for this guy's candidacy to dissolve.

Spoken like a true Con Law Professor.
 
But is he not intelligent enough to see that he is not applying for a job in a board room? If a president behaves that way it is harmful to the nation. 30-40% of Republicans call him a good leader, throwing out outlandish ideas, then defending them to the end refusing to admit they were dumb is not good leadership.

A good leader can be wrong, can make mistakes, can even do something foolish, but they must admit it if they want to move forward.

Your last sentence explained why Obama is not a good leader. He gets credit for winning two elections but winning elections alone does not a good leader make.
 
To further this idea, it can be applied to things the right likes as well as dislikes. The left is fond of attempts to violate the 2nd, for example. Again, freedom has a cost and in this one there is inherent risk. We pay for the freedom with risk. Even though some people think that "this reasonable limitation" is okay the constitution is clear. Shall not be infringed means shall not be infringed, and it is a personal right clearly indicated by the fact it is listed as a a right of "The People"... It takes deliberate ignorance to pretend that "The People" in that one amendment means something different than every other instance it is listed in the constitution and Amendments.

Do you not see that "absolute rights" are infringed all the time. You will get hauled to jail for inciting a riot or panic, that is an infringement on the right to free speech. You cannot legally own an ICBM, that is an infringement on the right to bear arms, nuclear arms but still arms. If you walk through town naked, you will be arrested even if it was purely expressive conduct.
 
Your last sentence explained why Obama is not a good leader. He gets credit for winning two elections but winning elections alone does not a good leader make.

he will go down as one of the great ones.



your racist fucking heart will explode
 
But is he not intelligent enough to see that he is not applying for a job in a board room? If a president behaves that way it is harmful to the nation. 30-40% of Republicans call him a good leader, throwing out outlandish ideas, then defending them to the end refusing to admit they were dumb is not good leadership.

A good leader can be wrong, can make mistakes, can even do something foolish, but they must admit it if they want to move forward.

According to your previous statement he "backs away" from the statements later. The reality is, as in the boardroom, you defend the statement until it is clearly contraindicated. I think it is habit, one he should break certainly, but habit. Say what is on your mind, then defend it until you are convinced it is the wrong path then start over until you build a plan. I think he is building a plan and policy in the wrong arena. it should be left to boardrooms, if too many of your people agree with you and you don't get the kind of discussion in your campaign meetings to avoid this kind of nonsense then you need to hire some more people to include in your discussions in your campaign meetings.

In my opinion, if Trump wants more than the 23% populist middle grounders to vote for him he'll need to redo his campaign staffers so that he can hear a bit of "no" before he starts into discussions that clearly indicate he is not ready for prime time.
 
Do you not see that "absolute rights" are infringed all the time. You will get hauled to jail for inciting a riot or panic, that is an infringement on the right to free speech. You cannot legally own an ICBM, that is an infringement on the right to bear arms, nuclear arms but still arms. If you walk through town naked, you will be arrested even if it was purely expressive conduct.

"Absolute rights" is not something I stated, it is something you stated. That is quite literally the definition of a straw man argument. Let's give a real world example: The idea that it is "reasonable" to limit access to one kind of semi-automatic rifle because it looks like a rifle that is fully automatic and used in warfare is proposed as a "reasonable restriction" of a right. It is nonsense, it doesn't do anything at all to restrict access to that type of weapon, just one that looks more scary. It makes nobody safer at all, it is just feel good legislation without regard to reason. It is also a violation of the 2nd Amendment as it clearly restricts my right to own and bear arms.
 
Your argument is completely illogical and a misreading of the US Constitution. It says Congress shall make no law establishing a religion (what trump said doesn't do that) or impeding the free exercise of religion.

First of all, someone could say that their religion allows them to murder people. We have laws against murder. Are you then going to argue that we are abridging their 1st Amendment rights? Of course not

Secondly and this is the most important. By keeping a certain religion from immigrating, they are not impeded from practicing their religion in any way whatsoever. Unless of course you are making the argument that the ONLY way they can practice their religion is to do it on American soil.

Like I said, you may not like what he said or agree with it. But arguing it on Constitutional grounds is weak sauce. I expect such inane arguments from leftists, but I thought you were better than this.

For the record, I am not defending Trumps plan. I don't like it because I think it is unworkable. I prefer keeping people out from the entire Middle East. But, I have been saying that for years

Prohibiting the entry into this nation of all Muslims is prohibiting the free exercise of Islam. You are not free to exercise Islam in the United States if you are outside the United States.

I do have to agree with you on one point you have made, and that is the right, like all other rights is not absolute. The Supreme Court has been balancing and limiting all rights for over a hundred and fifty years. With regard to Religion and the absoluteness of the right to free exercise type "Lemon Test" into google.

The LEMON TEST is a test the S.Ct. uses to determine 1) if a law is promoting the establishment of religion and 2) when it is okay for a law to curtail the ABSOLUTE right to free exercise of religion.

You should also study the Sherbert test, read Sherbert v. Verner.
 
thank you for agreeing that the right can not win elections.



when will you allow the American people to get what they want instead of cheating them out of that right
 
The first Amendment does not apply to people who don't live here. Once you live here, I agree 100%. But, we can pick and choose who lives here and we can do it based on religion. Remember there is also freedom of association. Inherent in the freedom to associate is the freedom to NOT associate.

This is simply not true, the Supreme Court has held that some restrictions do only apply to people inside the Untied States, but the First Amendment is worded such that it applies to actions of our government as they affect people worldwide.
 
Your last sentence explained why Obama is not a good leader. He gets credit for winning two elections but winning elections alone does not a good leader make.

I agree with the premise of your argument, You can look it up. The day after Obama was REELECTED, I started a post consoling conservatives by pointing out that might does not necessarily mean right. While I believe Obama is a good leader, the argument that he is one because he was reelected, or because his poll numbers are high does not hold water.
 
he will go down as one of the great ones.



your racist fucking heart will explode

Yes, it is true, but not because he was popular or because a lot of people voted for him, but because he was forceful and started the Nation down many much needed paths to change.
 
According to your previous statement he "backs away" from the statements later. The reality is, as in the boardroom, you defend the statement until it is clearly contraindicated. I think it is habit, one he should break certainly, but habit. Say what is on your mind, then defend it until you are convinced it is the wrong path then start over until you build a plan. I think he is building a plan and policy in the wrong arena. it should be left to boardrooms, if too many of your people agree with you and you don't get the kind of discussion in your campaign meetings to avoid this kind of nonsense then you need to hire some more people to include in your discussions in your campaign meetings.

In my opinion, if Trump wants more than the 23% populist middle grounders to vote for him he'll need to redo his campaign staffers so that he can hear a bit of "no" before he starts into discussions that clearly indicate he is not ready for prime time.

He backs away, but never admits he's backing away. Never admits he went too far. I agree with you about a board room, its a great place for discussion and formulating plans. A board room or a closed door campaign strategy or policy session. But I don't think its in Trumps character to ever acknowledge that an idea he had was not perfect, tremendous or excellent.
 
"Absolute rights" is not something I stated, it is something you stated. That is quite literally the definition of a straw man argument. Let's give a real world example: The idea that it is "reasonable" to limit access to one kind of semi-automatic rifle because it looks like a rifle that is fully automatic and used in warfare is proposed as a "reasonable restriction" of a right. It is nonsense, it doesn't do anything at all to restrict access to that type of weapon, just one that looks more scary. It makes nobody safer at all, it is just feel good legislation without regard to reason. It is also a violation of the 2nd Amendment as it clearly restricts my right to own and bear arms.

Yes, but you admit that an argument that was not based on looks but something more reasonable would possibly stand up to Constitutional Muster even though the right to bear arms is, in your words not to be "infringed", right?
 
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