| >When it comes to constitutionality, SCOTUS precedent is not good or bad, it's simply is reality. It depends, there are SCOTUS rulings that (most) people consider "bad". These create precedent. >Him being quoted by Breitbart means nothing. I mean Obama has been quoted by them. Clinton has been. Pretty much every single prominent Democrat politician has been. The only thing that is exposed by saying "breitbart" is that you disagree with the right. No, I was pointing out that I had already addressed this specific example when I stated that "The only people I can find who believe it might be constitutional are non-constitutional laywers quoted by Breitbart." Banzhaf is the non-constitutional lawyer who was quoted by Breitbart. Now, you're quite correct that I don't find Breitbart to be a reliable source of news (although construing that to 'I disagree with the right' is a bit of gymnastics), but its also orthogonal to my point. > I'm saying that anyone who says that it's unconstitutional on it's face is full of it. That also very much depends. If we're talking " a total and complete shutdown of Muslims entering the United States", that is on its face unconstitutional, since it includes American Citizens. If we're talking a registry, it probably isn't. If we're talking about refugees who are Muslim, then there's the grey area. But if you take him at the words he used, it is unconstitutional, and most of the blogs have caveats that say something along the lines of "a ban on American Citizen Muslim's returning from abroad is unconstitutional on its face, so we'll ignore that and talk about refugees and immigrants" |