Author Topic: No, the Constitution Does Not Bar ‘Religious Tests’ in Immigration Law  (Read 1006 times)

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rangerrebew

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    No, the Constitution Does Not Bar ‘Religious Tests’ in Immigration Law


    by ANDREW C. MCCARTHYAugust 3, 2016Of all the ignorant pronouncements in the 2016 presidential campaign, the dumbest may be that the Constitution forbids a "religious test" in the vetting of immigrants. Monotonously repeated in political speeches and talking-head blather, this claim is heedless of the Islamic doctrinal roots on which foreign-born Islamists and the jihadists they breed base their anti-Americanism. It is also dead wrong.

    The clause said to be the source of this drivel is found in Article VI. As you'll no doubt be shocked to learn, it has utterly nothing to do with immigration. The clause states, "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States" (emphasis added). On its face, the provision is not only inapplicable to immigrants at large, let alone aliens who would like to be immigrants; it does not even apply to the general public. It is strictly limited to public officials - specifically to their fitness to serve in government positions.

    This is equally clear from the clause's context. Right before the "no religious Test" directive, Article VI decrees that elected and appointed officials "shall be bound by Oath or Affirmation, to support this Constitution[.]" An oath of office customarily requires the official to "solemnly swear" that he or she will support and defend the Constitution, "so help me God." (See, e.g., the oath prescribed by federal law.) The Framers tacked on the "no religious test" clause to clarify that the mandate of a solemn oath before taking office did not mean fidelity to a particular religious creed was required. The same principle informs the First Amendment's prohibition on the establishment of a state religion.


    http://www.familysecuritymatters.org...mmigration-law


Offline To-Whose-Benefit?

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Here's the Federal Statutes

http://www.redstate.com/streiff/2015/11/18/wont-obama-follow-law-use-religious-test-refugees/

Under federal law, the executive branch is expressly required to take religion into account in determining who is granted asylum. Under the provision governing asylum (section 1158 of Title 8, U.S. Code), an alien applying for admission

must establish that … religion [among other things] … was or will be at least one central reason for persecuting the applicant.

Moreover, to qualify for asylum in the United States, the applicant must be a “refugee” as defined by federal law. That definition (set forth in Section 1101(a)(42)(A) of Title , U.S. Code) also requires the executive branch to take account of the alien’s religion:

The term “refugee” means (A) any person who is outside any country of such person’s nationality … and who is unable or unwilling to return to … that country because of persecution or a well-founded fear of persecution on account of … religion [among other things] …[.]

The law requires a “religious test.” And the reason for that is obvious. Asylum law is not a reflection of the incumbent president’s personal (and rather eccentric) sense of compassion. Asylum is a discretionary national act of compassion that is directed, by law not whim, to address persecution.

There is no right to emigrate to the United States. And the fact that one comes from a country or territory ravaged by war does not, by itself, make one an asylum candidate. War, regrettably, is a staple of the human condition. Civil wars are generally about power. That often makes them violent and, for many, tragic; but it does not necessarily make them wars in which one side is persecuting the other side.

In the case of this war, the Islamic State is undeniably persecuting Christians. It is doing so, moreover, as a matter of doctrine. Even those Christians the Islamic State does not kill, it otherwise persecutes as called for by its construction of sharia (observe, for example, the ongoing rape jihad and sexual slavery).

To the contrary, the Islamic State seeks to rule Muslims, not kill or persecute them...


http://www.americanthinker.com/blog/2016/08/the_constitution_places_no_ban_on_religious_tests_for_immigrants.html

http://www.nationalreview.com/article/438536/immigration-religious-test-constitution-does-not-ban-vetting-immigrants-religion




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« Last Edit: August 04, 2016, 08:37:29 pm by To-Whose-Benefit? »
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Offline oldmomster

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'The number of Syrian refugees admitted into the United States jumped to 1,037 during May – an increase of 130 percent over the previous month – but the proportion of Christians among them remains miniscule: two Christians (0.19 percent) compared to 1,035 Muslims.'

I'm so glad the dems are really supporting those persecuted Christians /s


http://www.cnsnews.com/news/article/patrick-goodenough/1037-syrian-refugees-admitted-may-two-christians-1035-muslims

Offline unknown

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Here's the Federal Statutes

http://www.redstate.com/streiff/2015/11/18/wont-obama-follow-law-use-religious-test-refugees/

Under federal law, the executive branch is expressly required to take religion into account in determining who is granted asylum. http://wulfanson.blogspot.com

Interesting. Under these statues then we are Muslim country, because recently "So Far: Syrian Refugees in U.S. Include 2,098 Muslims, 53 Christians" And as a muslim country, we would use this religion test to make sure more of them are coming in than any others.

http://www.cnsnews.com/news/article/patrick-goodenough/syrian-christians-are-greatest-peril-least-likely-be-admitted


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If Hillary wins - I will be busy, BLOAT! (It won't be long before she won't let you buy.)

If Trump wins, I won't be here to GLOAT. (I don't want to hang around while everyone looks at every speck in his eye.)

Offline To-Whose-Benefit?

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My 'Viking Hunter' High Adventure Alternate History Series is FREE, ALL 3 volumes, at most ebook retailers including Ibooks, Barnes and Noble, Kobo, and more.

In Vol 2 the weapons come out in a winner take all war on two fronts.

Vol 3 opens with the rigged murder trial of the villain in a Viking Court under Viking law to set the stage for the hero's own murder trial.

http://wulfanson.blogspot.com