Professor Volokh Quoted by on Constitutionality of Trump’s Proposed Muslim Immigrant Ban

July 18, 2016—Professor Eugene Volokh was quoted by on Indiana Governor Mike Pense’s 2015 tweet: ‘Calls to ban Muslims from entering the U.S. are offensive and unconstitutional.’ Professor Volokh and other experts assert that offensive as a ban on Muslim immigration may be, Gov. Pence, Trump’s running mate, is mistaken when he says such a ban would be unconstitutional.

“In Kleindienst v. Mandel (1972), the Supreme Court applied the 'plenary power doctrine' to the exclusion of people based on their political beliefs, despite the Free Speech Clause. The cases that Posner is referring to, together with Kleindienst, suggest that the exclusion of people based on their religious beliefs is likewise constitutional,” says Professor Volokh.

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