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Thursday, December 10, 2015

Trump Phenomenon Part II: Establishment Attack Dogs

The following article has been obligingly submitted by Roger J. Katz, Attorney at Law, and Stephen L. D'Andrilli.  Regarding Mr. Trump, this past several days I have heard uttered numerous astounding stupidities from many sources, none of whom appear to realize that as a sovereign nation, the United States of America has certain rights and obligations to control its borders. Mr. Katz and Mr. D'Andrilli offer a useful, grounded perspective on the current attack phenomenon. See also my earlier post "Aristotle on Trump."   BAP

      Attack On Trump’s Immigration Proposal Undercuts Congressional Authority

Roger J. Katz, Attorney at Law
Stephen. L. D’Andrilli
The recent attack on Donald Trump is most curious. It is coming not only from sources that you would have every reason to expect, but from sources that you would have every good reason not to expect: Dick Cheney, former Vice President under George W. Bush; Paul Ryan, Speaker of the House of Representatives; Mitch McConnell, Senate Majority Leader; and John Yoo, U.S Attorney General, Office of Legal Counsel, Department of Justice, who served in the Administration of George W. Bush. These individuals have all spoken out, vociferously, against Donald Trump’s recent remarks concerning barring Muslims from entering the Country.
The mainstream news media and leading Democrats and, oddly enough, the Republican leadership itself, finds Trump’s comments alarming. But, alarming to whom? Muslims? Alarming, we see, to those Americans who don’t like Trump’s proposal and, for that matter, those who don’t like Trump, and who seek to undermine his campaign by whatever means possible. But, Trump’s proposal should not be alarming at all to Americans who seek protection from the deadly impact of jihadism – jihadism that exists around the world and has now made its appearance in the United States. From that perspective Trump’s proposal is quite modest and reasonable.
Indeed, if there is any national security proposal that should be alarming to the American people it is The New York Times’ call for confiscation of firearms from the hands of law-abiding Americans. But, that proposal, coming from the publishers and editors of a major newspaper, receives precious little condemnation that it richly deserves. And, it is from major mainstream newspapers, both left-wing papers, namely and particularly, the New York Times, and conservative newspapers, too, namely, and particularly, the Wall Street Journal that we see scathing editorials on Trump – editorials that attack him on both a personal, visceral level, and on a public policy level. Fortunately, some news commentators go to bat for Trump.
Andrew Wilkow, whose radio program, “The Wilkow Majority,” airs on SiriusXM 125, weekdays, made the perceptive point, on Wednesday, December 9, 2015, that Trump is being blasted not for what he actually said about barring Muslims from our shores, but for what he never said. The mainstream media, with assistance from Republicans themselves, is attacking Trump and, by extension, those Americans who support him. And, it is important to take note that the attack on Trump is definitely an attack on Americans themselves.
News pundits assert that Trump’s immigration policies, barring Muslims from our Country, until such time as this Nation gets a handle on the problem of Islamic radicalism, is unconstitutional. The suggestion is that Trump’s proposal is inconsistent with the First Amendment’s bar against the establishment of religion clause and free exercise of religion clause. But, Trump never stated that American Muslims – citizens who presently reside in this Country and who have resided in this Country for some time – cannot or ought not be permitted to continue to practice their religion, freely. Trump’s proposal pertains to immigration only. And there is nothing in the Bill of Rights or anywhere in the U.S. Constitution that prohibits Congress from enacting laws or establishing immigration quotas. So, the assertion that Trump’s immigration proposal is unconstitutional is false, on its face.
In fact the U.S. has maintained immigration quotas for decades and, while Congress essentially abolished immigration quotas through enactment of the Immigration Act of 1965, Congress can certainly reintroduce a quota system, consistent with the powers conferred to it in Article I, Section 8 of the U.S. Constitution.
If the mainstream news media, and Government leaders, and news commentators, and, of late, foreign governments, believe that Trump’s suggestion for reinstatement of a quota system, temporarily barring Muslims from entering the U.S., is in fact unconstitutional, they are simply wrong. And, if they know that the assertion is false, then they are liars as well. There is absolutely nothing in our Constitution that legally precludes Congress from enacting a law for that very purpose and, in fact, there is explicit language in the U.S. Constitution that permits Congress to do just that.
It is therefore extremely odd to say the least that those who would bring up a legal issue, where there is none, express no reservation in denying to Americans’ their Constitutional rights, where there clearly exists one.
The Obama Administration has clearly violated American’s Fourth Amendment right against unreasonable searches and seizures, through creation of and implementation of massive surveillance operations and campaigns against all Americans. And they design new ones every day. That clear violation of Americans’ Fourth Amendment privacy rights is claimed to be justified on the ground of national security. It isn’t! And, on Saturday, December 5, 2015, in a rare front page editorial, the New York Times urged a national campaign to disarm Americans’ – in clear violation of Americans’ Second Amendment right to keep and bear arms – on the absurd, and disingenuous ground, that taking guns away from all Americans is the best way to protect Americans from radical Islam. It won’t!
But, in the same breath, these Government officials and Government Legislators, and mainstream news media sources have expressed no reservation in attacking Trump’s immigration proposal on the ground that his proposal, if implemented, would violate the First Amendment establishment clause and free exercise of religion clause when, in fact, there is no violation of the First Amendment at all precisely because the individuals that Trump is talking about aren’t American citizens. They do not reside in this Country and never did, and should not be allowed to do so now – especially, given the dire situation in the World today. That is Trump’s message. That is Trump’s warning. And, there is nothing in that message to suggest a violation of any American’s First Amendment Constitutional Rights.
Trump simply wishes to keep more Muslims out of the Country at the present time and until the Nation’s leaders get the matter of Islamic extremism under control. Trump said nothing more; and he said nothing less. He certainly said nothing about arresting and deporting law-abiding Americans who practice the religion of Islam. And he certainly said nothing about curtailing the practice of Islam by Americans. And nothing Trump did say implies such actions. Had he done so, then there would, of course, be reason to attack Trump’s proposal on First Amendment Constitutional grounds. That he did not do, so we gain nothing by pretending that he did. So there is nothing in Trump’s proposal, if implemented, that would amount to a violation of the First Amendment. And, the liberal intelligentsia in this Country certainly know this.
What the liberal intelligentsia do is illustrative of a classic “straw man” fallacy. They set up an argument for remarks that Trump never made and, for that matter, never implied, and they attack him on those, rather on the remarks Trump did make and on the sensible implications of those remarks. There is nothing – absolutely nothing – in Trump’s proposal that suggests that American Muslims cannot practice their religion, much less that American Muslims ought to be deported. So, to say that Trump’s immigration policy conflicts with the First Amendment is altogether unsound. He is simply addressing an immigration matter that falls squarely within the powers of Congress.
Curiously, those who excoriate Trump on his immigration proposal are actually undercutting Congressional powers and authority. They do so by tacitly asserting that Congress does not have the authority to preclude Muslims from entering this Country. That suggestion is patently false. Under Article I, Section 8 of the U.S. Constitution, Congress has the authority and has sole authority to enact laws pertaining to naturalization – which includes immigration.
To assert otherwise is to say that Congress is forbidden to exercise its powers under the Constitution. It is not Trump, then, but his detractors who are asserting matters that directly and negatively impact the Constitution. Trump’s proposal, itself, does not raise a legal, statutory issue, much less a Constitutional one under any scenario.
That leaves one matter to be discussed: the matter of morality. Trump’s detractors imply that Trump is attacking American Muslims who live in this Country and those outside it because his immigration policy is offensive. That may be, but so what? While some in this Country may condemn Trump’s proposal on moral grounds, one might reasonably counter that argument by arguing that, to permit Muslims to enter this Country, at this time, given the present circumstances, is immoral, too. To allow Muslims into this Country at this time is immoral precisely because such practice would increase, exponentially, Americans’ susceptibility to acts of violence committed by jihadists. Muslims cannot be vetted. Government authorities haven’t devised the tools to do so, and they have admitted as much. So, letting Muslims into this Country, at this point in time, would definitely make this Country less safe – much less safe for ordinary Americans. That certainly would be immoral! Yet, the attack against Trump continues. Trump, though, is among the few – extremely few – candidates for U.S. President who actually expresses a desire to protect this Country from its enemies, both foreign and domestic. He is vilified when he should be praised. He is roundly denounced when he should be emulated. He is ridiculed when he should be respected.
Ultimately, Trump represents a return to sanity in this Country; a return to security for this Country; a return to the sanctity of the individual; and a return to love for Country. Those who attack him both within the Republican Party and outside it, both within this Country and now abroad, are really attacking the millions of Americans who support Trump.
The attack against Trump is, then, really an attack against Americans and against America itself. Those un-American powers and forces that control this Republic and who control the Republican Party in particular are very afraid now, because Trump’s popularity among Americans continues to wax, rather than wane. Trump is the last candidate these un- American powers and forces want to see representing the Republican Party. If, then, the majority of average American citizens, who are Republicans, do select Trump as their candidate of choice, and if the Party ignores its rank and file members and goes its own way, nominating a person who can be and will be controlled – who represents the international, globalist, neoliberal community – then the jig is most certainly up.
If the will of the American people is ignored, those that control the Government apparatus will no longer be able to work their illusions on the public. They will no longer be able to fool the American people since it will be they, not the American people, who are making the decision as to whom should lead the Nation. We will know that. And, we will know, too, beyond any doubt, that the Republic is lost and that the Republic has been very well lost for quite some time, now.
Copyright © 2015 Roger J Katz, Attorney at Law, and Stephen L. D’Andrilli. All Rights Reserved.  Article used with express permission of copyright holders.  


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