Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
once again you are wrong. the constitution only applies to people IN THE US. if they are not in the US, then they dont NOT get the constitutional protects. congress makes the rules as to who can come to the US and who cant. if they make a rule that says no muslims can get visas, then guess what, no muslims can get visas. its our immigration law. once they get here we cannot stop them from practicing their religion, but they have to get her first.
You are absolutely wrong. Congress cannot restrict immigration on the basis of religion. That is a clear violation of the 1st Amendment. Congress can restrict immigration on other bases that don't violate the Constitution.
What you are arguing is akin to saying "there is no right to have health insurance, so if the Affordable Care Act only applies to non-Christians, there is no restriction on religion, only on health care law." That is wrong.
You are absolutely wrong. Congress cannot restrict immigration on the basis of religion. That is a clear violation of the 1st Amendment.
Since the 1st Amendment applies only to US citizens and those foreigners who are already residing in US territory, I can't see how restricting admission of foreigners NOT already residing in the US using whatever arbitrary criteria we choose could ever be a 1st Amendment violation. There is no right to immigrate to the US. Only US citizens and those foreigners holding a green card have a guaranteed right of admission to this country.
(Mind you, I think it would be absolutely stupid to pass a law banning Muslims from immigrating to the US. But I can't see how such a law would be unconstitutional. It would merely be unwise.)
Why not? We do it for Communists back in the Cold War. Both are a belief system and a choice. I'm interested where you scholars get your information
Because religion is a protected belief system in the Constitution. Communism is a political belief system, not a religious belief system. Systematic discrimination by the US government of a religion would violate our Constitution's First Amendment.
Since the 1st Amendment applies only to US citizens and those foreigners who are already residing in US territory, I can't see how restricting admission of foreigners NOT already residing in the US using whatever arbitrary criteria we choose could ever be a 1st Amendment violation. There is no right to immigrate to the US. Only US citizens and those foreigners holding a green card have a guaranteed right of admission to this country.
(Mind you, I think it would be absolutely stupid to pass a law banning Muslims from immigrating to the US. But I can't see how such a law would be unconstitutional. It would merely be unwise.)
Because laws passed by Congress that systematically discriminate against a specific religion would violate the First Amendment.
Please point to me where in the 2nd Amendment is it worded: reasonable infringement of a person's right to carry firearms. Please, I'm waiting.
And no, there always hasn't been laws. For example, felons couldn't purchase or carry guns since 1968, certainly not since the founding fathers enacted the 2nd amendment. I personally don't see this as an issue, a felon who has done his time and has been deemed safe enough to return to the general public can certainly buy a gun for all I care. If he's not safe to return to the public, keep him in prison.
However, there have certainly been laws from the beginning of the USA preventing people based on immutable traits, like race, from becoming citizens to immigrating here. The idea that everyone born in the USA is an American citizen is a concept that came into the constitution after the Civil War to finally get rid of slavery.
Hope you weren't holding your breath while waiting.
Here's your answer.
The founding fathers set up three branches of government and a document of principles to guide us. One of those branches of government is the Judicial. The top judicial court in the land is the SCOTUS. The sole purpose of the SCOTUS is to interpret the meaning of the constitution of the United States. All laws and regulations passed by the Legislative branch are subject to the final constitutional muster by the SCOTUS if called into question. All executive decisions made by the Executive are also reviewed by the SCOTUS if called into question. The rulings of the SCOTUS are final and absolute. They are the arbiters of what the Constitution means. In all cases, there are some who agree with the rulings and some who don't. That doesn't matter. The Constitution means whatever the SCOTUS says it means whether you or anybody else like it or not. That's the way our founders set it up.
SCOTUS has ruled that the 2nd amendment is an individual right inherent with all citizens, SUBJECT TO REASONABLE RESTRICTIONS.
Just last week the SCOTUS upheld the right of an Illinois city to ban all assault style weapons from it's jurisdiction as a reasonable restriction.
Also there were reasonable restrictions on the 2nd before the ink was dry on the document. The right to convey or possess weapons was restricted when any property owner or business establishment declared it restricted.
Based on your posts, I'm sure you don't agree but that's the way it is and that's the way it's always been.
Suck it up.
The first amendment doesn't apply to non citizens living outside the USA. I don't see any way to tie 1A to immigration.
The First Amendment applies to the government passing laws that establish a religion or that impede the freedom to practice a religion. A law discriminating against a religion, in any capacity, impedes the free practice of that religion, and is therefore a violation of the First Amendment.
I wonder how many industrialists would go crazy if we extended an immigration ban to Hindus? Or Central American Catholics? Or Israeli Jews? Or Chinese communists, ex?
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
