[quote=“pushharder, post:975, topic:215570, full:true”]
Methinks some don’t understand “religious tests” well enough to pontificate with authority and accuracy.[/quote]
Thus far in this thread there are two such posters, and you are one of them. I think it’s clear, on the combined evidence of…
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What I had to say about the Establishment Clause yesterday, and
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This post of yours I’m quoting
…that you are going to have some serious reading to do in the unlikely event that you choose to upgrade this disagreement from hokey-wordsalad-devoid-of-reasoned-argument to, you know, actual debate. Let’s begin by observing that this…
…doesn’t mean anything. At all. It doesn’t even approach the periphery of a legal argument, and I regret to inform you that the question of a policy’s Constitutionality is, by definition, a legal question. If you’d like to back up and on the substance address one of my posts about Trump’s ban vis-a-vis the Establishment Clause, plenary powers, etc., please feel free to do so. Keeping, of course, the following in mind:
– If a law, program, or policy is discriminatory on its face – and one would be hard pressed to find a better example of such a policy than a provision designed to identify and ban one group of religious believers and not any others – then the pronged Lemon Test is abandoned in favor of strict scrutiny. Good luck with that (here I pause to chuckle while thinking about the term “narrowly-tailored”; again, good luck with that).
– "The clearest command of the Establishment Clause is that one religious denomination cannot be officially preferred over another.” Larson v. Valente.
– “The ‘establishment of religion’ clause of the First Amendment means at least this: neither a state nor the Federal Government […] can pass laws which aid one religion, aid all religions, or prefer one religion over another.” Everson v. Board of Education of the Township of Ewing.
Now, contrary to the nonsense you hammered into your keyboard previously, a government policy designed to disfavor (exclude) one religion and no others is indeed a policy designed on its face to distribute official preference and dis-preference. This would undoubtedly be clear to you if Donald’s name were Achmed and his proposal involved disfavoring Christian worshipers in an arm of official federal policy. Note what this previous sentence says about the present state of your rational faculties.
So, if you’d like to do this – and I doubt very much that you would – go ahead and square the prenominate quotations with Trump’s proposed ban. Otherwise, we will take this…
[quote]
I’m starting to love the idea of the Muslim ban not because of “bigotry” towards Muslims but because of who it pisses off – outside of Muslims.
Actually starting to revel in it, mind you.[/quote]
…for what it is: an admission that you no longer care about right or wrong, stupid or not [we have already established beyond doubt that Trump’s proposal, like the man himself, is incredibly stupid], Constitutional or unconstitutional. That, in short, you have spent so much time in the intellectual sewer as to no longer be bothered by the smell.