¶ … First Amendment
Shutting Mosques, Trump and First Amendment
The proposal by trump, at its very core, would seek to sanction a religious institution by virtue of the adherence of its members to certain religious beliefs. Indeed, this is exactly what the first amendment speaks against. The first amendment protects religious freedom and outlaws anything that would bar the free exercise of one's religion of choice. It is referred to as the Free Exercise Clause. Trump could say that he only sought to sanction the mosques that propagate what he refers to as radical Islam. However, he did not provide any evidence of activity or advocacy on any mosques.
The crucial right to religious freedom is enshrined in the U.S. constitution's first amendment. It states that Congress is bound not to make any law that respects establishment of a given religion or stops the free exercise of religious practice. The Free Exercise Clause, which is the latter half of the declaration guards religious freedom in various contexts. It bars the government from interfering with the religious practice of a group or an individual and further bars the government from targeting religious acts for circumscription (Dreisbach and Hall, 2009). Religious persons and groups are also provided with limited protection against laws that can be applied generally. This is also how the contraceptive mandate finds fault with the First Amendment.
Such a modified proposal would still not only be ineligible; based on the Free Exercise Clause but also in light of the Free Speech clause also enshrined in the First Amendment; which allows for stopping speech that is inciting with immediacy but not one that is simply widely controversial and that might trigger some violent act in future. Any talk that attempts to restrict the religious practice of Islam comes in direct conflict with the First Amendment (Dreisbach, Hall and Morrison, 2009).
The reason for the above observation...
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