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Very Hot Topic (More than 25 Replies) Is Trump's Travel Ban For Muslims Un-Constitutional? (Read 8583 times)
Drake_Burrwood
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Re: Is Trump's Travel Ban For Muslims Un-Constitutional?
Reply #30 - Feb 1st, 2017 at 9:30am
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Jeff wrote on Feb 1st, 2017 at 9:05am:

Thank you that helps to get a picture of the policies behind the action.
Once again it sounds like "Trust us we are the government we will take care of you."
  
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Jeff
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Re: Is Trump's Travel Ban For Muslims Un-Constitutional?
Reply #31 - Feb 1st, 2017 at 4:42pm
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Drake_Burrwood wrote on Feb 1st, 2017 at 9:30am:
Thank you that helps to get a picture of the policies behind the action.
Once again it sounds like "Trust us we are the government we will take care of you."

It's about the law that authorizes the actions.

I thought somebody might say "Hey, that 'law' itself sounds unconstitutional"...
Is that what you're saying?
  
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SkyChief
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Re: Is Trump's Travel Ban For Muslims Un-Constitutional?
Reply #32 - Feb 3rd, 2017 at 10:08pm
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Washington State Federal Judge James Robart says NO! to Trump's travel restrictions into the country. Judge Robart single-handedly overturned the hastily-written executive order which would restrict the immigration of people from 7 "trouble areas" which are known to be breeding grounds for terrorist activity.

The judge's decision was celebrated by various groups protesting the ban.  I'm guessing the President is a little miffed right now.  We anxiously await the knee-jerk tweets that should be coming down the pike any time now...
  
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The Opposition
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Re: Is Trump's Travel Ban For Muslims Un-Constitutional?
Reply #33 - Feb 3rd, 2017 at 11:14pm
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SkyChief wrote on Feb 3rd, 2017 at 10:08pm:
Washington State Federal Judge James Robart says NO! to Trump's travel restrictions into the country. Judge Robart single-handedly overturned the hastily-written executive order which would restrict the immigration of people from 7 "trouble areas" which are known to be breeding grounds for terrorist activity.

The judge's decision was celebrated by various groups protesting the ban.  I'm guessing the President is a little miffed right now.  We anxiously await the knee-jerk tweets that should be coming down the pike any time now...


Thank Athena. I would rather be blown to bits than live with a tyrant protecting my safety over someone else's freedom.
  

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SkyChief
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Re: Is Trump's Travel Ban For Muslims Un-Constitutional?
Reply #34 - Feb 4th, 2017 at 12:17pm
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The Opposition wrote on Feb 3rd, 2017 at 11:14pm:
Thank Athena. I would rather be blown to bits than live with a tyrant protecting my safety over someone else's freedom.

Thank Athena we have Federal Judges with the vision and fortitude to call out malfeasance when it happens. (Some of) Those people who were denied entry into the US from Iraq were permanent residents of the US, and had green cards.  These people should have been protected by the 14th Amendment (Due Process/Equal Protection).  But the Travel Ban was not drafted properly - its missing vital components on implementation and enforcement protocols.

Its a mess, and never should have seen the light of day. That's all Judge Robart is saying by overturning the President's 7-country Travel Ban.
  
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SkyChief
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Re: Is Trump's Travel Ban For Muslims Un-Constitutional?
Reply #35 - Feb 7th, 2017 at 4:35pm
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The courts continue to struggle to get the new Trump Administration under control.  The president vows to fight back with resolve and will.

When asked if the Supreme Court will be called to make a ruling on the travel ban, Trump replied:
“Hopefully it doesn’t have to. It’s common sense,” ...“We’re going to take it through the system,” he added. “It’s very important for the country.”

The most Progressive Court in the nation is the 9th Circuit Court of Appeals. They are expected to make a ruling by tomorrow (Feb 8th) A.M..  I predict they will sustain Judge Robart's overturning and rule the Travel Ban unconstitutional.

I've read the 4th and 14th Amendments pretty carefully, and I don't see how the Travel Ban violates these in any way. Mainly because these Amendments protect US citizens - not immigrants.  But the travel ban is inhumane, Islamophobic, and by golly, is just plain unAmerican.

Oh... almost forgot...Racist.
  
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ahhell
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Re: Is Trump's Travel Ban For Muslims Un-Constitutional?
Reply #36 - Feb 7th, 2017 at 5:32pm
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I've it claimed that the ban violates the establishment clause, but that's because people are stupid and think it is a Muslim Ban.

It does not violate the fourth amendment as it as nothing to do with searches or seizures or anything mentioned in the fourth amendment. 

I've most often heard it claimed that it violates the equal protection clause of the 14th amendment but once again, that's clearly false if you read the 14th amendment.  As its a limit on what State's can due to citizens and residents within the State.  It has no bearing on folks not currently in the United States.

One aspect of its execution, which has since been retracted, is probably unconstitutional.  It does deny due process to those who have already been granted the liberty to travel to the US. That's debatable.

Its not racist, the countries listed to not constitute all members of a race or ethnicity.  Its a useless idea that accomplishes nothing and causes problems.  It may be in violation of the Immigration and Naturalization Act which prohibits discrimination based on national origin but that's also debatable.
  
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Jeff
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Re: Is Trump's Travel Ban For Muslims Un-Constitutional?
Reply #37 - Feb 8th, 2017 at 9:09am
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SkyChief wrote on Feb 7th, 2017 at 4:35pm:
But the travel ban is inhumane, Islamophobic, and by golly, is just plain unAmerican.

Oh... almost forgot...Racist.

Nonsense. Criminal anarchists will be kept out too, no matter what their race or religion or what country they come from.

It's not Trump's fault that radical Islamists have joined forces with Communists and anarchists in trying to destroy America, or that the great majority of radical Islamists come from Muslim countries.
  
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SkyChief
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Re: Is Trump's Travel Ban For Muslims Un-Constitutional?
Reply #38 - Feb 8th, 2017 at 10:10am
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Jeff wrote on Feb 8th, 2017 at 9:09am:
Nonsense. Criminal anarchists will be kept out too, no matter what their race or religion or what country they come from.

It's not Trump's fault that radical Islamists have joined forces with Communists and anarchists in trying to destroy America, or that the great majority of radical Islamists come from Muslim countries.

We're talking about people with visas and green cards - people who were previously granted permission to freely travel in and out of the US.  They are now being turned away if they are returning. And they are being coerced into signing illegal documents which revoke travel privileges that were already granted to them.

Well,  the 9th Curcuit Court should make an official ruling today.  I can almost promise they will overturn the Travel Ban.  But not on Constitutional grounds.  On legal grounds.  At that point, Trump can pursue a SCOTUS ruling.  They will be split, and the 9th Circuit Court's ruling to overturn the travel ban will stand.
  
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Jeff
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Re: Is Trump's Travel Ban For Muslims Un-Constitutional?
Reply #39 - Feb 8th, 2017 at 10:18am
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SkyChief wrote on Feb 8th, 2017 at 10:10am:
We're talking about people with visas and green cards - people who were previously granted permission to freely travel in and out of the US.  They are now being turned away if they are returning. And they are being coerced into signing illegal documents which revoke travel privileges that were already granted to them.


So? Grants of permission can be revoked by the people who granted the permissions in the first place. You are after all talking about privileges.

What sorts of coercion are being used? Waterboarding?

  
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