Trump Travel Ban Is Not Unconstitutional

Sen. Minority Leader Chuck Schumer has declared the Trump temporary travel ban not only "un-American" but "unconstitutional." Others have joined him. What is exactly is "unconstitutional" about it? "There should not be a religious test. The Constitution prohibits it," was Sen. Schumer's claim. They "imposed this religious test on Muslims in the executive orders," said former VP candidate Sen. Tim Kaine. What religious test?

Worth noting, there is a "religious test" clause in the Constitution ( Article VI, Section 3). It prohibits a "religious test" to holding federal public office. There is no such prohibition regarding immigration or foreign travelers.

The detractors and airport travel obstructers have, with their hashtags and media support, further declared this a "Muslim Ban." It isn't. Even George Washington University Law Professor Jonathan Turley who labeled Trump's order a "terrible mistake," says legally “the odds are in his favor... And president’s power is at its zenith at the border. The courts have historically given great deference to the president. He has the advantage here, putting aside all these objections, historically, presidents have been allowed to do very similar things." It's not a "Muslim Ban." One billion Muslims are not included in the order. All measures are a few month temporary restriction on travel and immigration from six countries (plus avowed enemy of the U.S. and terror sponsor Iran) that had been designated by Congress and Obama as serious concerns in 2016 while the "vetting" process is reviewed. Even if it were a "Muslim Ban" it might still past constitutional muster based on historical past precedent and the plenary power doctrine, especially with current statutory backing (e.g., 8 U.S. Code § 1182(f)).

Chuck Schumer, whose grandfather was a Holocaust survivor whose large family was murdered, instead of crying before the cameras, should appreciate providing religious minorities preference for entry purposes. It's something precious FDR explicitly failed to do during WWII. Why provide such a preference? I'm sure his Jewish grandfather would have appreciated such a policy should he have had the opportunity to flee, as would the members of the infamously sent away St Louis. If only there were an Executive Order like this providing a preference for religious minorities from Europe in WWII countless Jews would have been spared a cruel genocidal death. What's that? This order specifically includes a provision regarding protecting "religious minorities."

Despite being massacred and wiped out by Islamic forces, Christians and others seemed to curiously not make the "refugee" cut of the Obama administration despite the rather special circumstances of religious persecution. CNN’s chief national security correspondent tweeted: "There is no basis to the claim Muslim refugees were prioritized over Christians. Fact is, refugee policy not based in religion, until now." What an ignoramus! As former federal terrorism prosecutor Andrew McCarthy responded: "False. False. False. Religious considerations are BY LAW part of refugee policy. And it is entirely reasonable to give preference (though not exclusivity) to members of minority religions. Finally, you can read the entire executive order from start to finish, reread it, then read it again, and you will not find a Muslim ban. It’s not there. Nowhere. At its most draconian, it temporarily halts entry from jihadist regions. In other words, Trump’s executive order is a dramatic climb-down from his worst campaign rhetoric." In fact, the order mentions neither Christians nor Muslims. It says: "The Secretary of State, in consultation with the Secretary of Homeland Security, is further directed to make changes, to the extent permitted by law, to prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual's country of nationality." That includes Christians and Yazidis being wiped out by Muslim jihadists. Trump is protecting persecuted "religious minorities," not providing any "religious test"! Shame. Shame. Shame, on Schumer, who perhaps more than anyone should realize the value in such a provision.

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