Critics have attacked Donald Trump’s vow to temporarily ban Muslim immigration on two fronts: emotional and intellectual. Simply calling Trump a “racist Islamophobe” won’t convince everyone, thankfully; some voters still care about matters of legality:
Is Trump’s proposal constitutional? Because if it isn’t, no matter how popular it might be to millions of American voters, the ban cannot be implemented in any event.
Another scholar has recently joined the chorus of those who insist that Trump’s plan is, in fact, constitutional — and simply common sense. As Breitbart.com reports:
Professor John Banzhaf of George Washington University appeared on Tuesday’s Breitbart News Daily with SiriusXM host Stephen K. Bannon to discuss presidential candidate Donald Trump’s proposed temporary ban on Muslim immigration – a proposal Banzhaf analyzed and found to be consistent with the U.S. Constitution.
“What’s happening is, people are overreacting. They hear the word ‘profiling.’ Profiling is automatically wrong; it’s unconstitutional. In many cases, racial profiling or nationalistic profiling is illegal,” he said.
“But in the case of preventing terrorism, or border crossings, the Supreme Court has said that profiling, properly done, can be constitutional if it meets two requirements,” Banzhaf stated, adding:
“Number one is, it is used to deal with an important governmental problem, which terrorism obviously is. Secondly, if it is only one of several factors. That, by the way, is how we have racial discrimination in terms of admitting people to our colleges. We call it ‘affirmative action.’ It is racial profiling, which is permitted because it is only one of several factors. (…)
“You know, men sometimes get breast cancer. Young women get breast cancer. But when we look for breast cancer, we look in older women. If we’re looking for Tay-Sachs disease, we look for it in Jewish immigrants. If we’re concerned about finding sickle-cell anemia, we concentrate in blacks. It’s only common sense. The whole mathematics which has developed around this, we’re totally ignoring it.”