Eloy
Gold Member
The U.S. Constitution was written by and for Americans but, of course, it enshrines American values such as treating people equally. When the American government acts in such a way that people seeking to enter or visit are treated differently, then the First Amendment is violated, if not in the letter then certainly in the spirit. Such a practice would be un-American. Secondly, by stopping Muslims from 7 countries to even board planes while allowing Christians from those countries to enter, while this would appeal to the American evangelist Pat Robertson and the members of his 700 Club, this shows discrimination in the treatment of visitors with no chance of having Due Process in the Fifth Amendment. The United States also has treaties with other countries which accept an obligation to protect the rights of refugees and this is violated when some refugees are allowed to seek asylum but not others based on being Muslims from predominantly Muslim countries. This also violates the No Religious Test Clause of Article VI which applies to U.S. government employees but by extension of the principle of the separation of church and state. In other words, when Trump says he wants his Executive Order to be interpreted to mean only Christian refugees may be granted asylum, he is riding a coach and horses through the Constitution.It does not bother me that you are condescending.You wrongly claimed that the Republican Congress gave the power to Trump to write illegal Executive Orders.See Post # 69 for an explanation of your error.
Wrong, I explained his error.
I'm really sorry to see you can't grasp what your read, I didn't say a damn thing about the republican congress. The law Trump and at least 5 other presidents used as the legal justification was passed by congress in 1952. I even posted the law for weak minded people like you. It's just a damn shame you lack the education to understand it. Maybe you ask an adult to explain it to ya.
You write that you did not say anything about the Republican Congress but you actually did so in the previous post when you wrote about Trump that: "he does have the authority when congress delegates the powers to him".
So, did Congress give authority to President Trump over immigration, it must be asked.
Article 1 Section 8 Clause 4 of the Constitution covers naturalization of foreigners. Article 1 is about Congressional authority. Because this authority over immigration and naturalization is delegated under Article 1, we know this power is specifically vested in Congress not the Executive. Separation of powers dictates that since the power to establish this Rule rests in Congress, it cannot be exercised by any other branch.
You quoted from 8 U.S. Code §1182 about Inadmissible Aliens which states that the President of the United States has authority to bar immigrants from any country, regardless of race or religion if he believes they represent a threat to the United States and this was passed by Congress in 1952 overriding the veto of President Truman who considered such a Bill as discriminatory and un-American.
If your reference is correct, it looks like the authority over immigration and naturalization was given over by Congress to the Executive where immigrants are considered a threat in the opinion of a president. The 1952 Act, however, has been amended many times and was modified substantially to become the Immigration and Nationality Services Act of 1965.
Now, Trump's use of the 1965 Act and the criteria he uses for denying entry of Muslims only from specified Muslim-majority states appears to violate other parts of the Constitution because it smacks of religious discrimination (First Amendment) and the Due Process Clause (Fifth Amendment). It is also conflicting with the spirit of the No Religious Test Clause of Article VI. So, all over the place Trump has overstepped the mark and is violating the Constitution he took an oath to defend. It has to be wondered if Donald Trump has ever even read the Constitution.
Feel free to point where foreign nationals, that are NOT on US soil, are granted rights under our Constitution.