{"id":340,"date":"2015-12-10T01:23:09","date_gmt":"2015-12-10T09:23:09","guid":{"rendered":"http:\/\/hub.wsu.edu\/law-justice-realtime\/?p=340"},"modified":"2015-12-10T01:23:09","modified_gmt":"2015-12-10T09:23:09","slug":"donald-trumps-ban-on-muslims-unconstitutional","status":"publish","type":"post","link":"https:\/\/hub.wsu.edu\/law-justice-realtime\/2015\/12\/10\/donald-trumps-ban-on-muslims-unconstitutional\/","title":{"rendered":"Donald Trump&#8217;s Ban on Muslims: Unconstitutional"},"content":{"rendered":"<p><a href=\"https:\/\/wpcdn.web.wsu.edu\/wp-hub\/uploads\/sites\/931\/2015\/12\/64058346.jpg\"><img decoding=\"async\" loading=\"lazy\" class=\"alignnone  wp-image-342\" src=\"https:\/\/wpcdn.web.wsu.edu\/wp-hub\/uploads\/sites\/931\/2015\/12\/64058346-396x394.jpg\" alt=\"64058346\" width=\"325\" height=\"324\" srcset=\"https:\/\/wpcdn.web.wsu.edu\/wp-hub\/uploads\/sites\/931\/2015\/12\/64058346-396x394.jpg 396w, https:\/\/wpcdn.web.wsu.edu\/wp-hub\/uploads\/sites\/931\/2015\/12\/64058346-198x198.jpg 198w, https:\/\/wpcdn.web.wsu.edu\/wp-hub\/uploads\/sites\/931\/2015\/12\/64058346.jpg 407w\" sizes=\"(max-width: 325px) 100vw, 325px\" \/><\/a><\/p>\n<p>Donald Trump was publicizing his proposal to ban Muslims from entering the U.S.- and he was standing on stage at an event honoring Pearl Harbor.\u00a0 Trump and his supporters came together this week on the deck of the USS Yorktown, and the occasion was the 74<sup>th<\/sup> anniversary of the \u201cdate which will live in infamy.\u201d\u00a0 On December 7, 1941, the air and naval forces of Japan struck the U.S. naval base in Hawaii, killing more than 2,400 U.S. service personnel and sinking eight battleships.\u00a0 The post-Pearl panic in America prompted the White House decision to remove Japanese-American families from their homes and detain them in makeshift camps for years (a decision the U.S. has been apologizing for ever since).<\/p>\n<p>Now, I know that trump was born after World War II, but he knows the basic story of this period.\u00a0 He even referred to it with APPROVAL this week in his speech about barring Muslims, saying that Franklin D. Roosevelt had done the right thing at the time.\u00a0 Trump used The Supreme Court\u2019s decision NOT to interfere when reviewing Roosevelt\u2019s for his internment policy as good precedent for his ban on Muslims entering the U.S.<\/p>\n<div class='embed-youtube' style='text-align:center; display: block;'><iframe class='youtube-player' type='text\/html' width='640' height='390' src='https:\/\/www.youtube.com\/embed\/vEE8FL1s9nQ?version=3&#038;rel=1&#038;fs=1&#038;autohide=2&#038;showsearch=0&#038;showinfo=1&#038;iv_load_policy=1&#038;wmode=transparent' frameborder='0' allowfullscreen='true'><\/iframe><\/div>\n<p>This lashing out on Trump\u2019s end has created a raw edge for the debate over immigration and terrorism in our time and for his followers, it was another instance of \u201ccommon sense\u201d\u00a0 and Trump playing on people\u2019s fears than concerns of about being \u201cpolitically correct.\u201d\u00a0 Trump, had previously called for surveillance against mosques and said that he was open to establishing a database for all Muslims living in the U.S. (cnn.com).\u00a0 His message comes in the wake of the deadly mass shooting in San Bernardino, California, by suspected ISIS sympathizers and the day after President Barack Obama asked the country not to \u201cturn against one another\u201d out of fear.<\/p>\n<p>But isn\u2019t that EXACTLY what Trump is telling us to do?\u00a0 Well it is working, and it showed at his rally on Monday night where you will see in this video below many of his supporters being enthusiastic about his proposal.<\/p>\n<div class='embed-youtube' style='text-align:center; display: block;'><iframe class='youtube-player' type='text\/html' width='640' height='390' src='https:\/\/www.youtube.com\/embed\/2n5gLLgpbls?version=3&#038;rel=1&#038;fs=1&#038;autohide=2&#038;showsearch=0&#038;showinfo=1&#038;iv_load_policy=1&#038;wmode=transparent' frameborder='0' allowfullscreen='true'><\/iframe><\/div>\n<p>The Muslim travel ban will most likely do a small dent to Trump\u2019s popularity amongst Republican primary voters.\u00a0 Despite repeated controversies, the billionaire businessman has dominated the GOP contest for months.\u00a0 What does this say about the American people?<\/p>\n<p>\u201cWithout looking at various polling data, it is obvious to anybody the hatred is beyond comprehension.\u00a0 Where this hatred comes from and why we will have to determine. Until we are able to determine and understand this problem and the dangerous threat it poses, our country cannot be the victims of horrendous attacks by people that believe only in Jihad, and have no sense of reason or respect for human life.\u201d \u2013 Donald Trump<\/p>\n<p>&nbsp;<\/p>\n<p>THE RESPONSE<\/p>\n<p>&nbsp;<\/p>\n<p>Obama\u2019s administration condemned Trump\u2019s proposal as being completely contrary to our values as Americans.\u00a0 Obama\u2019s deputy national security adviser, Ben Rhodes, pointed to the Bill of Rights\u2019 protection of freedom of religion and emphasized the \u201cextraordinary contributions\u201d Muslim Americans have made to the U.S.\u00a0 Trump\u2019s proposal contradicts U.S. security. Rhodes stated that, \u201cISIL wants to frame this as a war between the United States and Islam, and if we look like we\u2019re applying religious tests to who comes into this country, we\u2019re sending a message that essentially we\u2019re embracing that frame and that is going to make it very difficult to partner with Muslim communities here in the United States and around the world to prevent the scourge of radicalization that we should be focused on\u201d (cnn.com).<\/p>\n<p>In London, there is a petition calling for Donald Trump to be banned from entering the UK and has attracted more than a quarter of a million signatures (which is more than enough for a committee to consider sending the motion for a parliamentary debate). \u00a0To ban Trump from the UK would allow British residents the opportunity to stand up against hate speech.<\/p>\n<p>Donald Trump&#8217;s proposal is unhinged and offensive, but the worst part is that there is a way for it to be legal. \u00a0Trump has yet to release many details regarding his policy, but if elected president, President Trump would have to persuade Congress to take up his cause and Congress could pass a law barring foreign Muslims from entering the country and it would be constitutional. \u00a0This may be true, however barring Muslims who are American citizens from re-entering the country would violate the Constitution. \u00a0 Scholar and constitutional expert, Michael C. Dorf states that &#8220;Odious discrimination in immigration law is unconstitutional, as the House of Representatives itself tacitly recognized when just three years ago passed a resolution expressing regret for Chinese exclusion laws, which were based on ethnic prejudice. \u00a0Immigration policy based on religious prejudice would be equally odious, and thus unconstitutional.&#8221; Almost all of what Trump is saying is stupid, and a majority of it is un-American, but some of it is constitutional, which is a very scary thing.<\/p>\n<div class='embed-youtube' style='text-align:center; display: block;'><iframe class='youtube-player' type='text\/html' width='640' height='390' src='https:\/\/www.youtube.com\/embed\/RjG6UB_5AFs?version=3&#038;rel=1&#038;fs=1&#038;autohide=2&#038;showsearch=0&#038;showinfo=1&#038;iv_load_policy=1&#038;wmode=transparent' frameborder='0' allowfullscreen='true'><\/iframe><\/div>\n<p><a href=\"https:\/\/wpcdn.web.wsu.edu\/wp-hub\/uploads\/sites\/931\/2015\/12\/images1.jpeg\"><img decoding=\"async\" loading=\"lazy\" class=\"alignnone size-full wp-image-343\" src=\"https:\/\/wpcdn.web.wsu.edu\/wp-hub\/uploads\/sites\/931\/2015\/12\/images1.jpeg\" alt=\"images\" width=\"254\" height=\"199\" \/><\/a><\/p>\n<p>&nbsp;<\/p>\n<ol>\n<li>How does Trump\u2019s plan to ban Muslims from entering the U.S. further militarization in the U.S.?<\/li>\n<li>Is Donald Trump&#8217;s call for a ban appropriate?<\/li>\n<li>Is Trump playing on peoples fears or is Obama administration acting out of fear?<\/li>\n<li>Would you vote for a Muslim President?<\/li>\n<li>Will Trump remove himself from the presidential race?<\/li>\n<li>What do you think will happen to America if Trump is elected?<\/li>\n<li>How would you compare the U.S. and U.K. reactions to Trump&#8217;s proposal?<\/li>\n<\/ol>\n<p>References<\/p>\n<p>Diamond, Jeremy (2015). \u00a0Donald Trump: Ban all Muslim travel to U.S. Retrieved December 8,2015. \u00a0http:\/\/www.cnn.com\/2015\/12\/07\/politics\/donald-trump-muslim-ban-immigration\/<\/p>\n<p>Elving, Ron (2015). \u00a0Trump&#8217;s Call to Bar Muslims Echoes Crisis From The Past. \u00a0Retrieved December 7,2015. \u00a0http:\/\/www.npr.org\/2015\/12\/09\/459037108\/trumps-call-to-bar-muslims-echoes-crises-from-the-past#<\/p>\n<p>Mazza, Ed (2015). \u00a0Petition Seeks To Ban Donald Trump From U.K. Over Hate Speech. Retrieved December 8,2015. http:\/\/www.huffingtonpost.com\/entry\/trump-hate-speech-ban-uk_566631fee4b079b2818fe0eb<\/p>\n<p>Peralta, Eyder (2015). Trump&#8217;s Muslims Plan. Retrieved December 9, 2015. http:\/\/www.npr.org\/sections\/thetwo-way\/2015\/12\/08\/458919219\/trumps-muslims-plan-inflammatory-definitely-unconstitutional-maybe<\/p>\n","protected":false},"excerpt":{"rendered":"<p><a href=\"https:\/\/wpcdn.web.wsu.edu\/wp-hub\/uploads\/sites\/931\/2015\/12\/64058346.jpg\"><img decoding=\"async\" loading=\"lazy\" class=\"alignnone wp-image-342\" src=\"https:\/\/wpcdn.web.wsu.edu\/wp-hub\/uploads\/sites\/931\/2015\/12\/64058346-396x394.jpg\" alt=\"64058346\" width=\"325\" height=\"324\" srcset=\"https:\/\/wpcdn.web.wsu.edu\/wp-hub\/uploads\/sites\/931\/2015\/12\/64058346-396x394.jpg 396w, https:\/\/wpcdn.web.wsu.edu\/wp-hub\/uploads\/sites\/931\/2015\/12\/64058346-198x198.jpg 198w, https:\/\/wpcdn.web.wsu.edu\/wp-hub\/uploads\/sites\/931\/2015\/12\/64058346.jpg 407w\" sizes=\"(max-width: 325px) 100vw, 325px\" \/><\/a><\/p>\n<p>Donald Trump was publicizing his proposal to ban Muslims from entering the U.S.- and he was standing on stage at an event honoring Pearl Harbor.\u00a0 Trump and his supporters came together this week on the deck of the USS Yorktown, and the occasion was the 74th anniversary of the \u201cdate which will live in infamy.\u201d\u00a0 On December 7, 1941, the air and naval forces of Japan struck the U.S. naval base in Hawaii, killing more than 2,400 U.S. service personnel and sinking eight battleships.\u00a0 &#8230; <a href=\"https:\/\/hub.wsu.edu\/law-justice-realtime\/2015\/12\/10\/donald-trumps-ban-on-muslims-unconstitutional\/\" class=\"more-link\"><span class=\"more-default\">&raquo; More &#8230;<\/span><\/a><\/p>\n","protected":false},"author":1495,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[411,1],"tags":[],"wsuwp_university_location":[],"wsuwp_university_org":[],"_links":{"self":[{"href":"https:\/\/hub.wsu.edu\/law-justice-realtime\/wp-json\/wp\/v2\/posts\/340"}],"collection":[{"href":"https:\/\/hub.wsu.edu\/law-justice-realtime\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hub.wsu.edu\/law-justice-realtime\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hub.wsu.edu\/law-justice-realtime\/wp-json\/wp\/v2\/users\/1495"}],"replies":[{"embeddable":true,"href":"https:\/\/hub.wsu.edu\/law-justice-realtime\/wp-json\/wp\/v2\/comments?post=340"}],"version-history":[{"count":4,"href":"https:\/\/hub.wsu.edu\/law-justice-realtime\/wp-json\/wp\/v2\/posts\/340\/revisions"}],"predecessor-version":[{"id":346,"href":"https:\/\/hub.wsu.edu\/law-justice-realtime\/wp-json\/wp\/v2\/posts\/340\/revisions\/346"}],"wp:attachment":[{"href":"https:\/\/hub.wsu.edu\/law-justice-realtime\/wp-json\/wp\/v2\/media?parent=340"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hub.wsu.edu\/law-justice-realtime\/wp-json\/wp\/v2\/categories?post=340"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hub.wsu.edu\/law-justice-realtime\/wp-json\/wp\/v2\/tags?post=340"},{"taxonomy":"wsuwp_university_location","embeddable":true,"href":"https:\/\/hub.wsu.edu\/law-justice-realtime\/wp-json\/wp\/v2\/wsuwp_university_location?post=340"},{"taxonomy":"wsuwp_university_org","embeddable":true,"href":"https:\/\/hub.wsu.edu\/law-justice-realtime\/wp-json\/wp\/v2\/wsuwp_university_org?post=340"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}