Trump’s Plan is Both Legal and Right

There has been much uproar over Donald Trump’s proposal to ban muslim aliens from coming into our country.  Many reporters have claimed such a ban is against the United States Constitution.  Here is the truth about our supreme law.

Do citizens of other countries have a constitutional right to come to America?

Article 1, section 8 of the Constitution states that Congress shall have the power

“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

The Bill of Rights does not delineate a right of citizens of foreign nations to immigrate to the United States, nor does the 14th amendment, which addresses citizenship by birth in the United States, grant any right of immigration to aliens into our country.  It is strictly the responsibility of Congress to say who may come into this country.

Congress has passed laws that grant authority to the president to determine if any foreign nationality or subset should be denied the right to immigrate to America.  As has been widely reported in the news, President Jimmy Carter used the Immigration and Nationality Act of 1952, section 313, to deny visas and to round up and deport Iranian students, after the Iranian government’s seizure of our embassy.  So, the short answer is our government can tell anybody in the world that they cannot come into this country if we do not want them.  That makes Donald Trump’s plan to ban muslims legal.

Do constitutional rights apply to aliens?

This is more complex – maybe yes, maybe no.  the Constitution reserves some rights for citizens only.  Aliens cannot vote in our elections.  They cannot run for office.  However, generally, the Supreme Court has held that aliens are ‘persons’ and, as such, are entitled to the protections listed in the bill of rights.  You cannot exact cruel or unusual punishment on a person simply because he is an alien.  As James Madison wrote regarding aliens

“as they owe, on one hand, a temporary obedience, they are entitled, in return, to their protection and advantage.”

However, over the years, the courts have held that there are restrictions to the rights of aliens.  Again, as the Immigration and Nationality Act of 1952 provides, aliens can be barred or deported for what is essentially anti-American actions.

Government must defend us.

So where does this leave us with regard to muslim terrorists who would come to our country and kill us in the name of their perverted beliefs?  Well, the number one role of government, stated clearly in the Preamble to the Constitution is to

“establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare”

The avowed purpose of ISIS and muslim terrorist murderers is to wreak havoc and unleash the dogs of war on innocent American people like you and me.  The number one role of our government is to insure domestic tranquility, provide for the common defense and promote the general welfare.  Can the government do that for us if they freely let these murdering bastards into our country because they are afraid of offending people?  If you think yes, then I hope these jihadist visit your house first.  If you say no, then maybe Mr. Trump’s plan makes sense.  It is certainly legal.

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