Is Trump’s Proposed Ban on Muslim Entry Unconstitutional?

By Published on December 9, 2015

Donald Trump’s plan for a “total and complete shutdown” of Muslims entering the U.S. was swiftly condemned by many Republican and Democratic presidential candidates. But legal experts aren’t of one mind about whether the incendiary plan floated by the GOP candidate would survive judicial review. Mr. Trump said Monday that, if elected, he would bar all Muslims from entering the country with very limited exceptions, such as allowing Muslims serving in the U.S. military to return home. He said he would lift the restriction when more is known about the security threat posed by Islamic terrorism. Some constitutional scholars say there’s no debate. “Aside from being outrageous, it would be unconstitutional,” said William Banks, a constitutional law scholar at the Syracuse College of Law, pointing to guarantees of due process under law.

“I believe Trump’s unprecedented proposal would violate our Constitution,” said Harvard Law Professor Laurence Tribe, according to NBC News. He said it would also conflict with the First Amendment’s religion clauses.

Read the article “Is Trump’s Proposed Ban on Muslim Entry Unconstitutional?” on blogs.wsj.com.

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