Re: the unconstitutionality of barring Muslims from entering the U.S.

ational Constitution Center Philadelphia, > Pennsylvania * > 518-439-7296 (w) > 518-605-0296 (c) > paul.finkel...@yahoo.com > www.paulfinkelman.com > > -- > *From:* James Oleske <jole...@lclark.edu> > *To:* Law & Religion issues for Law Academics

Re: the unconstitutionality of barring Muslims from entering the U.S.

du> > > *Sent:* Thursday, December 10, 2015 8:22 PM > *Subject:* Re: the unconstitutionality of barring Muslims from entering > the U.S. > > Thanks, Chip. I can see why sincerity might be more difficult to judge in > the denial-of-affiliation situation than in the claim-of-affiliatio

Re: the unconstitutionality of barring Muslims from entering the U.S.

nkelman <paul.finkel...@yahoo.com> To: Law & Religion issues for Law Academics <religionlaw@lists.ucla.edu> Date: Fri, 11 Dec 2015 16:35:39 + (UTC) Subject: Re: the unconstitutionality of barring Muslims from entering the U.S. > Just out of curiosity, how many Christan faiths, sects, d

Re: the unconstitutionality of barring Muslims from entering the U.S.

> To: Law & Religion issues for Law Academics <religionlaw@lists.ucla.edu<mailto:religionlaw@lists.ucla.edu>> Sent: Thursday, December 10, 2015 8:22 PM Subject: Re: the unconstitutionality of barring Muslims from entering the U.S. Thanks, Chip. I can see why sincerity might be more

Re: the unconstitutionality of barring Muslims from entering the U.S.

Would a non-citizen-foreign-national >> have standing to challenge the exclusion under the EC? >> >> Rick Duncan >> Welpton Professor of Law >> University of Nebraska College of Law >> Lincoln, NE 68583-0902 >> >> >> ___

Re: the unconstitutionality of barring Muslims from entering the U.S.

inational discrimination by the National government >>> ("Congress shall make no law"). >>> >>> The only problem might be standing. Would a non-citizen-foreign-national >>> have standing to challenge the exclusion under the EC? >>> >>>

Re: the unconstitutionality of barring Muslims from entering the U.S.

gt;>> who are not part of the American political community, could one colorably >>> argue that the denominational-discrimiantion rule -- as currently >>> understood by the Court -- does not apply? >>> >>> - Jim >>> >>> On Wed, Dec 9, 2015 at 12:21 PM, Rick Duncan <nebraskalawp...@yahoo.

Re: the unconstitutionality of barring Muslims from entering the U.S.

hip says here. It seems like a clear >>> violation of EC limitations on National power. The clearest command of the >>> EC forbids denominational discrimination by the National government >>> ("Congress shall make no law"). >>> >>> The only

Re: the unconstitutionality of barring Muslims from entering the U.S.

hoo.com> >>>> wrote: >>>> I missed Chip's great post before I asked my question. >>>> >>>> I agree completely with what Chip says here. It seems like a clear >>>> violation of EC limitations on National power. The clearest comma

Re: the unconstitutionality of barring Muslims from entering the U.S.

>>>> war, that liberty and social stability demand a religious tolerance that >>>> respects the views of all citizens." If we're talking about non-citizens >>>> who are not part of the American political community, could one colorably >>>> argue that the denominati

Re: the unconstitutionality of barring Muslims from entering the U.S.

>> ("Congress shall make no law"). >> >> The only problem might be standing. Would a non-citizen-foreign-national >> have standing to challenge the exclusion under the EC? >> >> Rick Duncan >> Welpton Professor of Law >> University of N

the unconstitutionality of barring Muslims from entering the U.S.

There has been much discussion in the press and on blog posts re: the constitutionality of of Trump's proposal to bar (non-citizen?) Muslims from entering the U.S. Several commentators have suggested the "plenary power" doctrine, governing Congressional power over immigration, would insulate such

Re: the unconstitutionality of barring Muslims from entering the U.S.

I think too much is made about the difficulty of deciding who is or who is not a member of a religion. First, self-identification would handle most cases. Second, a simple questionaire of just a few key points would be sufficient to identify a Muslim — unless the person was lying, but pretty

Re: the unconstitutionality of barring Muslims from entering the U.S.

Nebraska College of Law > Lincoln, NE 68583-0902 > > > -- > *From:* Ira Lupu <icl...@law.gwu.edu> > *To:* Law & Religion issues for Law Academics <religionlaw@lists.ucla.edu> > > *Sent:* Tuesday, December 8, 2015 7:10 PM

Re: the unconstitutionality of barring Muslims from entering the U.S.

t; The only problem might be standing. Would a non-citizen-foreign-national >> have standing to challenge the exclusion under the EC? >> >> Rick Duncan >> Welpton Professor of Law >> University of Nebraska College of Law >> Lincoln, NE 68583-0902 >> &g