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Author Topic:   Trump's order on immigration and the wacko liberal response
bluegenes
Member (Idle past 2506 days)
Posts: 3119
From: U.K.
Joined: 01-24-2007


Message 323 of 993 (798922)
02-06-2017 2:42 PM
Reply to: Message 322 by Taq
02-06-2017 12:26 PM


Taq writes:
It becomes unconstitutional when people's visas are not honored because of their religious affiliation. Trump et al. have openly stated that this is a Muslim ban, and that is going to come back to haunt them in court.
But you don't have freedom of religion. Secular laws have always trumped religion when there is conflict. You cannot stone people to death for working on the Sabbath. You cannot sacrifice humans to your gods. Native sacred sites were never respected. Those who considered King George III to be their ruler by divine right were excluded from politics and described as traitors at the beginning of your national history. You have long operated immigration restrictions against followers of the "last great religion", Marxism.
Those who are arguing against Trump on freedom of religion grounds might end up defending people who believe that their god would want them to fly aeroplanes full of people into skyscrapers full of people.
Mohammed, like Moses, was firmly against religious freedom. Trump, if he was smart enough, could point that out.

This message is a reply to:
 Message 322 by Taq, posted 02-06-2017 12:26 PM Taq has replied

Replies to this message:
 Message 324 by PaulK, posted 02-06-2017 2:55 PM bluegenes has replied
 Message 325 by AZPaul3, posted 02-06-2017 3:31 PM bluegenes has not replied
 Message 327 by Taq, posted 02-06-2017 4:06 PM bluegenes has replied
 Message 333 by Faith, posted 02-06-2017 5:05 PM bluegenes has replied
 Message 342 by Modulous, posted 02-06-2017 5:17 PM bluegenes has replied

  
bluegenes
Member (Idle past 2506 days)
Posts: 3119
From: U.K.
Joined: 01-24-2007


Message 326 of 993 (798930)
02-06-2017 4:01 PM
Reply to: Message 324 by PaulK
02-06-2017 2:55 PM


PaulK writes:
Religious freedom has never been about giving a carte blanche to the religious. It has always been about not being persecuted or suffering unequal treatment for believing the "wrong" things.
How is the latter achieved without doing the former?
PaulK writes:
So there is an issue there, and Trump's tweeting about a ban on Muslims could come back to bite him.
U.S. immigration and citizenship policy has never been about giving a carte blanche (or verre) to all beliefs equally, as I pointed out in the first post.
The Islamic god doesn't encourage the equal treatment of people who believe the "wrong" things, either. Quite the opposite.

This message is a reply to:
 Message 324 by PaulK, posted 02-06-2017 2:55 PM PaulK has replied

Replies to this message:
 Message 328 by PaulK, posted 02-06-2017 4:08 PM bluegenes has replied
 Message 329 by NoNukes, posted 02-06-2017 4:08 PM bluegenes has not replied

  
bluegenes
Member (Idle past 2506 days)
Posts: 3119
From: U.K.
Joined: 01-24-2007


Message 330 of 993 (798936)
02-06-2017 4:43 PM
Reply to: Message 327 by Taq
02-06-2017 4:06 PM


Taq writes:
Freedom of religion is a secular law. The courts have been quite clear that you can't discriminate against people based solely on their religious beliefs. Trump et al. have been quite clear from the beginning that this is a ban based on religious beliefs and not on a secular law.
The U.S. will have been discriminating against believers in certain sub-sects of Islam for some time in its immigration policy. Where were the courts?

This message is a reply to:
 Message 327 by Taq, posted 02-06-2017 4:06 PM Taq has replied

Replies to this message:
 Message 331 by Faith, posted 02-06-2017 4:57 PM bluegenes has not replied
 Message 351 by Taq, posted 02-06-2017 5:47 PM bluegenes has replied

  
bluegenes
Member (Idle past 2506 days)
Posts: 3119
From: U.K.
Joined: 01-24-2007


Message 336 of 993 (798943)
02-06-2017 5:08 PM
Reply to: Message 328 by PaulK
02-06-2017 4:08 PM


PaulK writes:
By NOT doing things like having Quakers whipped out of town or banning Catholics from holding political office. if you can't tell the difference between those and banning human sacrifice you have a problem.
What about banning someone who believes in banning Catholics on religious grounds?
PaulK writes:
The key phrase is Freedom of Belief.
But, as I pointed out, a religious believer in the divine right of King George to rule would be banned from office, and Marxists would be turned away by immigration officials.

This message is a reply to:
 Message 328 by PaulK, posted 02-06-2017 4:08 PM PaulK has replied

Replies to this message:
 Message 340 by PaulK, posted 02-06-2017 5:16 PM bluegenes has replied

  
bluegenes
Member (Idle past 2506 days)
Posts: 3119
From: U.K.
Joined: 01-24-2007


Message 341 of 993 (798949)
02-06-2017 5:17 PM
Reply to: Message 333 by Faith
02-06-2017 5:05 PM


Faith writes:
Freedom of religion was always understood not to include a religion that endorsed any kind of criminal behavior according to the laws on criminality. Religions that practice human sacrifice are therefore excluded, as is a religion that practices violent jihad against "infidels". Unfortunately such a commonsense rule is rejected by the prevailing craziness these days.
The religion of Moses would certainly be excluded, then, wouldn't it?

This message is a reply to:
 Message 333 by Faith, posted 02-06-2017 5:05 PM Faith has not replied

  
bluegenes
Member (Idle past 2506 days)
Posts: 3119
From: U.K.
Joined: 01-24-2007


Message 349 of 993 (798959)
02-06-2017 5:42 PM
Reply to: Message 340 by PaulK
02-06-2017 5:16 PM


PaulK writes:
They can't be pre-emptively banned from office but they should be in a world of trouble if they tried to put that belief into practice.
This isn't hard to understand.
The loyalists were considered traitors. Marxism can and has been described as a non-theist religion, and is certainly a belief. When I first went to the U.S. "are you or have you ever been a member of the communist party" was a standard question.
What about someone who believes that the laws of their god super-cede all laws made by man? Could Trump claim that it is valid to refuse such a person entry to the U.S. as they would not accept the rule of U.S. law? Or would the courts be right to overrule him on the grounds that he was practising religious discrimination (which he certainly would be doing)?
Is it always easy to understand?

This message is a reply to:
 Message 340 by PaulK, posted 02-06-2017 5:16 PM PaulK has replied

Replies to this message:
 Message 395 by PaulK, posted 02-07-2017 12:23 AM bluegenes has replied

  
bluegenes
Member (Idle past 2506 days)
Posts: 3119
From: U.K.
Joined: 01-24-2007


Message 352 of 993 (798962)
02-06-2017 5:53 PM
Reply to: Message 342 by Modulous
02-06-2017 5:17 PM


Modulous writes:
bluegenes writes:
Those who are arguing against Trump on freedom of religion grounds might end up defending people who believe that their god would want them to fly aeroplanes full of people into skyscrapers full of people.
Denying someone due process because of their religion runs into the freedom of religion. I happily defend the rights of people who want to fly aeroplanes into buildings. However, if they attempt to do it, the right to life trump's their right to practice their religion and they should be prevented. However, they should still be given due process and equal protections. We should still give them a right to remain silent, a right to an attorney, the right to a jury etc etc etc.
An individual has this religious belief that you'll happily defend, but if you were a U.S. immigration official and you knew of this religious belief and refused him entry due to that religious belief, are you being unconstitutional?

This message is a reply to:
 Message 342 by Modulous, posted 02-06-2017 5:17 PM Modulous has replied

Replies to this message:
 Message 358 by Taq, posted 02-06-2017 6:06 PM bluegenes has replied
 Message 362 by Modulous, posted 02-06-2017 6:13 PM bluegenes has replied

  
bluegenes
Member (Idle past 2506 days)
Posts: 3119
From: U.K.
Joined: 01-24-2007


Message 359 of 993 (798970)
02-06-2017 6:09 PM
Reply to: Message 351 by Taq
02-06-2017 5:47 PM


Taq writes:
bluegenes writes:
The U.S. will have been discriminating against believers in certain sub-sects of Islam for some time in its immigration policy. Where were the courts?
How so?
Groups like the Taliban, Al Qaeda, ISIS etc. aren't just political organisations. They are theological sub sects, and their theologies are very important to them. I'm assuming that if someone is known to be a believer in one of these sects by the U.S. government, they will certainly face discrimination if attempting entry into the U.S., and this would have been happening for a long time.
Is this unconstitutional?
The problem for your courts is getting Trump without implicating his predecessors.

This message is a reply to:
 Message 351 by Taq, posted 02-06-2017 5:47 PM Taq has replied

Replies to this message:
 Message 361 by Taq, posted 02-06-2017 6:11 PM bluegenes has replied

  
bluegenes
Member (Idle past 2506 days)
Posts: 3119
From: U.K.
Joined: 01-24-2007


Message 363 of 993 (798974)
02-06-2017 6:17 PM
Reply to: Message 358 by Taq
02-06-2017 6:06 PM


Taq writes:
bluegenes writes:
An individual has this religious belief that you'll happily defend, but if you were a U.S. immigration official and you knew of this religious belief and refused him entry due to that religious belief, are you being unconstitutional?
The only thing many of these people are "guilty" of is believing that Muhammad was a prophet of God.
In the bit you quoted, the "religious belief" is the specific one that the individual's god would want him to fly aeroplanes into skyscrapers, not just any Muslim. The individual has done no crime. If he's refused entry, aren't the courts obliged to defend his rights?

This message is a reply to:
 Message 358 by Taq, posted 02-06-2017 6:06 PM Taq has replied

Replies to this message:
 Message 451 by Taq, posted 02-07-2017 10:42 AM bluegenes has not replied

  
bluegenes
Member (Idle past 2506 days)
Posts: 3119
From: U.K.
Joined: 01-24-2007


Message 364 of 993 (798975)
02-06-2017 6:25 PM
Reply to: Message 361 by Taq
02-06-2017 6:11 PM


Taq writes:
Just like the Aryan Nation church and other Christian based white supremacist groups are a sub-sect of Christianity.
Indeed. And I personally would not want to live in a country with a written constitution which would prevent discrimination against them. The U.K. sometimes refuses entry to members of sects like the KKK and Nation of Islam.
I'm a great believer in religious discrimination!

This message is a reply to:
 Message 361 by Taq, posted 02-06-2017 6:11 PM Taq has not replied

  
bluegenes
Member (Idle past 2506 days)
Posts: 3119
From: U.K.
Joined: 01-24-2007


Message 365 of 993 (798976)
02-06-2017 6:33 PM
Reply to: Message 362 by Modulous
02-06-2017 6:13 PM


Modulous writes:
If the person merely believed killing people, even non-combatants, was justified by their religion, then there might be a problem, but on its own I think it'd pass constitutional muster to deny them access to the US.
I don't quite see how, and I think it's problematic for them. I'm sure the individual would be refused entry, but it's because of this kind of case that I think the courts might have trouble with Trump, and I was questioning some of the rejoicing on this thread.

This message is a reply to:
 Message 362 by Modulous, posted 02-06-2017 6:13 PM Modulous has replied

Replies to this message:
 Message 370 by Modulous, posted 02-06-2017 7:06 PM bluegenes has replied

  
bluegenes
Member (Idle past 2506 days)
Posts: 3119
From: U.K.
Joined: 01-24-2007


Message 435 of 993 (799058)
02-07-2017 6:04 AM
Reply to: Message 370 by Modulous
02-06-2017 7:06 PM


Modulous writes:
Trump has not issued an order to specifically target those that believe attacking the United States is a good idea, supported by his God and/or intends or plans to do this. Indeed, much of this is already covered and Trump doesn't need to impose such an order.
You seem to agree with the point I've made to others; that there is already discrimination against certain religious beliefs in immigration policy. So far, the constitution has allowed it.
Trump is certainly on dodgy ground in singling out nations, apparently, because of a 1965 law that forbids discrimination in immigration based on nationality. That only applies to immigrants, though, and not other travellers
Modulous writes:
Denying someone who was a threat to the US or its citizens is permissible - as Congress has given the President the power to do this. Congress has not given the President the power to deny the right to travel to the old lady. Denying someone who is a threat, because their religious beliefs inspire them to carry out those threats may be inhibiting religious freedom but is constitutionally allowed because the right to life has been established to outweigh this freedom. It is not religious discrimination unless it is only applied to Muslims or whomever.
It would be quite easy to devise a restriction that would officially apply to all religions and ideologies but would only in fact affect Islam.
What about a temporary complete ban on any religion or well defined ideological group if members of the group have committed more than twenty separate lethal attacks on unarmed civilians in more than twenty different countries in this century? Sounds quite reasonable on the face of it.
Apparently the U.S. law can assess the spirit of Trumps actions, so his silly twittering about Muslims would be helpful against something like the above.

This message is a reply to:
 Message 370 by Modulous, posted 02-06-2017 7:06 PM Modulous has replied

Replies to this message:
 Message 472 by NoNukes, posted 02-07-2017 1:25 PM bluegenes has not replied
 Message 479 by Modulous, posted 02-07-2017 1:48 PM bluegenes has replied

  
bluegenes
Member (Idle past 2506 days)
Posts: 3119
From: U.K.
Joined: 01-24-2007


Message 436 of 993 (799061)
02-07-2017 6:46 AM
Reply to: Message 395 by PaulK
02-07-2017 12:23 AM


PaulK writes:
The basic distinction between belief and action ought to be. If you can't make that distinction then you have a serious problem.
It's hard to believe that the freedom of religion bit in the U.S. constitution is merely saying that Americans can have what humans have always had in any society: the freedom to privately believe whatever we want. Without the minimum action of stating what we believe, no-one else knows. And it's hard to believe that the freedom of religion bit is about the freedom of Americans to state their beliefs, because that's covered by free speech. It certainly can't be about equal treatment by the state of all known religious beliefs, because someone who is known by the C.I.A. to be a believer in the ISIS Caliphate will not be treated in the same way by immigration officials as an Anglican.
Do you see why I think it might be difficult to do Trump for religious discrimination on immigration? It's already being done.
I'll look up what the constitutional freedom of religion actually is, because I haven't read it for decades.

This message is a reply to:
 Message 395 by PaulK, posted 02-07-2017 12:23 AM PaulK has replied

Replies to this message:
 Message 438 by jar, posted 02-07-2017 6:52 AM bluegenes has replied
 Message 439 by PaulK, posted 02-07-2017 6:54 AM bluegenes has replied

  
bluegenes
Member (Idle past 2506 days)
Posts: 3119
From: U.K.
Joined: 01-24-2007


Message 440 of 993 (799066)
02-07-2017 7:18 AM
Reply to: Message 438 by jar
02-07-2017 6:52 AM


jar writes:
bluegenes writes:
It certainly can't be about equal treatment by the state of all known religious beliefs, because someone who is known by the C.I.A. to be a believer in the ISIS Caliphate will not be treated in the same way by immigration officials as an Anglican.
But that's not true. If the State could show that Anglicans posed a clear and present danger and that Anglicans held as a basic tenet the policy of physical harm to non-members and if there was actual evidence that Anglicans had and could cause such harm to non-members then those conditions would be sufficient to override the general rule of equal treatment.
Exactly. Different religious beliefs are treated differently, because they differ. We discriminate as individuals and so does the State. That's what Trump stands accused of.
If all religious beliefs were identical, there wouldn't be any religious discrimination, would there?
Sweeping laws against religious discrimination are always problematic.

This message is a reply to:
 Message 438 by jar, posted 02-07-2017 6:52 AM jar has replied

Replies to this message:
 Message 442 by jar, posted 02-07-2017 7:56 AM bluegenes has replied

  
bluegenes
Member (Idle past 2506 days)
Posts: 3119
From: U.K.
Joined: 01-24-2007


Message 441 of 993 (799067)
02-07-2017 7:27 AM
Reply to: Message 439 by PaulK
02-07-2017 6:54 AM


PaulK writes:
Only because of the justifiable fear that the Da'esh supporter might put those beliefs into action. And yes, the "justifiable" part is important.
Now we're getting somewhere. Religious discrimination can be justified in certain cases. So, Trump's restrictions cannot necessarily be overturned on the basis of discrimination alone.

This message is a reply to:
 Message 439 by PaulK, posted 02-07-2017 6:54 AM PaulK has replied

Replies to this message:
 Message 443 by PaulK, posted 02-07-2017 8:22 AM bluegenes has replied

  
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