Krikorian on Trump’s Moratorium Idea

Mark Krikorian comments on Trump’s Muslim Moratorium idea:

First of all, it’s important to underline that Congress can exclude or admit any foreigner it wants, for any reason or no reason. Non-Americans have no constitutional right to travel to the United States and no constitutional due-process rights to challenge exclusion; as the Supreme Court has written multiple times, “Whatever the procedure authorized by Congress is, it is due process as far as an alien denied entry is concerned.”

What’s more, while the president doesn’t have the authority that Obama has claimed, to let in anyone he wants for any reason (under the guise of “parole”), he does have the statutory authority to keep anyone out, for any reason he thinks best…

The narrowest solution would be to restore the principle of “ideological exclusion” to U.S. immigration law. With the end of the Cold War–which too many imagined to be the End of History–we eliminated the legal bar to enemies of America who were not actual members of terrorist organizations or card-carrying members of totalitarian political parties. Specifically, the law says the State Department is prohibited from keeping a foreigner out “because of the alien’s past, current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful within the United States.” In other words, since 1990 we have applied the First Amendment to all foreigners abroad seeking admission to our country. The only exception is if the secretary of state “personally determines that the alien’s admission would compromise a compelling United States foreign policy interest”–note this exception is only for a “compelling . . . foreign policy interest,” not a domestic-policy one, like limiting the number of residents who support killing apostates.

Commentator Question Diversity writes:

I wonder if Trump deliberately proposed something a little bit beyond feasibility as a negotiating tactic for something like Kirkorian outlines, things that are good things to do by themselves, feasible, but only politically doable because people fear Trump’s “extreme” proposals.

Remember, The Art of the Deal.

On this and many other issues, methinx The Donald is exercising ‘the art of the deal’ in each of the memes he’s managed to manipulate the MSM into covering.

He is playing the MSM like a fiddle.

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