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The Establishment Clause in the Context of the Fifth & Fourteenth Amenments (USA)

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Submitted by Robert (United States), Feb 12, 2017 at 15:53

Dear Daniel Pipes,

I've argued on your web pages essentially that our USA Constitution only does two (2) things regarding Religion in the First Amendment: (1) It prohibits our (federal) Congress from passing laws that would Establish our "official" Religion, and it prevents it (Congress in context) from passing laws that would prevent us from freely enjoying our religious beliefs. Neither the Executive Branch, nor the Judicial Branch, is mentioned. From this it obviously follows (at least to me, and I'm no Supreme Court Justice) that President Donald Trump has the power to Discriminate against Foreign Muslims, to be Prejudiced against them, on the grounds that they would (not all, of course) (1) tend to Establish Islam as the Religion of the USA, (2) they would tend to prohibit Americans from exercising their religious believe to the extent that doing so would violate Sharia Law (their own religious beliefs).

But once non-USA Citizens, such as Green Card holders, or Visa holders, or even illegal Aliens who are physically withing the Boarders of the USA, or its Territories, etc., President Donald Trump is Restrained by the Fifth Amendment - as are the several States by the Fourteenth Amendment - from Summarily depriving any Person of their Interests without "Due Process of Law." Our American Jurisprudence has defined that to mean (a) a Notice, and (2) a Hearing.

Here are the two (2) Amendments of the Constitution of the United States which so restrain President Donald Trump from stripping Persons (not just American Citizens) of the Entitlements (which the United States, or any of its Divisions, including the Several States Cities, and Counties, etc.) have previous Granted such Persons:

Fifth Amendment

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

Fourteenth Amendment

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

As President Donald Trump might Tweed, "Sadly, my Lawyers in the White House didn't do their job correctly on the drafting of the Executive Order - so THEY'RE FIRED !!!"

Submitting....

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Note: Opinions expressed in comments are those of the authors alone and not necessarily those of Daniel Pipes. Original writing only, please. Comments are screened and in some cases edited before posting. Reasoned disagreement is welcome but not comments that are scurrilous, off-topic, commercial, disparaging religions, or otherwise inappropriate. For complete regulations, see the "Guidelines for Reader Comments".

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