Pence: ban on Mulims unconstitutional and un-American

someoneyouknow

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It seems Vice President Mike Pence is not enamored with the unconstitutional executive order by Trump to ban Muslims from entering this country. He tweeted:

Calls to ban Muslims from entering the U.S. are offensive and unconstitutional.
— Governor Mike Pence (@GovPenceIN) December 8, 2015

http://www.marketwatch.com/story/new-life-for-mike-pences-tweet-calling-muslim-ban-offensive-and-unconstitutional-2017-01-29

How now brown cow?

Fake news......zzzzzzzzzzzzzzzzzz
 
That was said by Governor Pence not V.P. Pence. A world of difference. :rolleyes:
 
Zzzzzzzzzzzzzzzzzz

Gee, what happened to the "fake news" knee jerk part of your response? You must have woken up at some point to realize you were creating fake news there yourself. Wonder what the chances are that you'll ever wake up to the rest of the Trump con and scam. Probably never, as that requires at least half a brain. :D
 
It would be unconstitutional to ban members of a specific religion, but maybe not to ban people based on national origin.

There have been laws on this subject, and they have never been declared unconstitutional, as far as I know. https://en.wikipedia.org/wiki/Immigration_Act_of_1924

The Executive Order specifies that Christians aren't included in the ban. Can't get much clearer (or un-American) than that. Trump is just willy-nilly churning out EOs that respond to his base without any apparent thought to legality or the effect or means of implementation. It's as if he doesn't care if they get struck down. He'll still be able to tell his base he did what they want and lie about why they couldn't be implemented. From his history, he doesn't really believe in much of what he's putting into the EOs.
 
Something else not mentioned in this ban is those countries where Trump has business interests are excluded.

Coincidence?
 
Gee, what happened to the "fake news" knee jerk part of your response? You must have woken up at some point to realize you were creating fake news there yourself. Wonder what the chances are that you'll ever wake up to the rest of the Trump con and scam. Probably never, as that requires at least half a brain. :D

It is fake news. Not a story, fake left wing news. ZZZZZZZ.The jig is up.
 
The Executive Order specifies that Christians aren't included in the ban. Can't get much clearer (or un-American) than that. Trump is just willy-nilly churning out EOs that respond to his base without any apparent thought to legality or the effect or means of implementation. It's as if he doesn't care if they get struck down. He'll still be able to tell his base he did what they want and lie about why they couldn't be implemented. From his history, he doesn't really believe in much of what he's putting into the EOs.
Trump probably learned about Executive Orders by watching Fox News.
 
It would be unconstitutional to ban members of a specific religion, but maybe not to ban people based on national origin.

There have been laws on this subject, and they have never been declared unconstitutional, as far as I know. https://en.wikipedia.org/wiki/Immigration_Act_of_1924

What article of the Constitution would banning Moslems from immigrating to the USA violate? Can you explain your reasoning a bit??
 
It would be the First A, because it singles out one religion. Just on its face, it would seem that way, but here is more on it: http://www.sfgate.com/news/politics...ounting-legal-10894723.php?ipid=articlerecirc

Article VI religious test clause only applies to federal officers and employees. It does not apply to the states, nor is it relevant to immigration or the foreign policy prerogatives of the Executive. Congress has plenary power in the area of immigration as does the President in foreign policy. Congress in a number of statutes has delegated power to the President in regard to immigration, see 8 USC 1182 (14) f which says in part:

"Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. "

The thing to remember is refugees have no rights under the Constitution and are thus not protected by the Bill of Rights.
 
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Boxlicker pointed to it. The First Amendment. Religious discrimination.

I don't know what the Trump gang hasn't figured out to go with how these particular countries got on a list to begin with. These are countries in too much internal chaos to do reliable background checks on applicants and/or are countries that don't cooperate in providing background information on their citizens. Applicants are always vetted--a vetting process isn't a new concept. There's no reason to vet on religious grounds at all. If you can't get enough information even to verify that someone is who they claim to be, that's sufficient grounds not to grant them entry to freely move around the country.

Of course that wasn't in play with the Trump gang fiasco last week. They just jumped off the dime without sufficient knowledge. They were detaining people who had already been granted visas and green cards--which are legal documents for entry in the United States. After a few days, they backtracked on this, but the damage of their hamfistedness had already been done.

We could always set up compassionate refugee centers as holding facilities like other countries taking political refugees are doing. Folks claiming to be Christians should be giving a thought to stand up to their own purported Christian beliefs (although I'm not holding my breath on that).
 
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Article VI religious test clause only applies to federal officers and employees. It does not apply to the states, nor is it relevant to immigration or the foreign policy prerogatives of the Executive. Congress has plenary power in the area of immigration as does the President in foreign policy. Congress in a number of statutes has delegated power to the President in regard to immigration, see 8 USC 1182 (14) f which says in part:

"Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. "

The thing to remember is refugees have no rights under the Constitution and are thus not protected by the Bill of Rights.

Any law which singles out one specific religion would seem to be, on its face, contrary to the Constitution. However, national origin might be another matter, and has precedents, including in immigration.
 
Any law which singles out one specific religion would seem to be, on its face, contrary to the Constitution. However, national origin might be another matter, and has precedents, including in immigration.

And the executive order contained a phrase giving adherents of all other religions precedence over Muslims.
 
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