Progressives have bastardized almost every aspect of the U.S. Constitution and in particular the Establishment Clause of the First Amendment. Recently, a district court judge in Hawaii deemed President Trump’s travel ban from 5 Islamic countries unconstitutional. The President’s ban meets the statutory criteria set forth by Congress which has plenary power when it comes to immigration and naturalization.
I am amazed at how woefully ignorant these judges can be when it comes to the original intent and history of the Establishment Clause. The answer is quite simple, the Framers didn’t want the federal government to force States to finance a national religion i.e. Baptist, Presbyterian, Anglican, Congregationalist, etc. etc.
Anyone with a modicum of knowledge of early American history is aware that the colonies were forced to support the Church of England through taxation. Marriages and births were not recognized if colonists didn’t go through the Anglican Church. This could have serious legal consequences in probate. The Establishment Clause ensured religious freedom from the federal government.
No one has a right to immigrate into the United States. Immigration is a political decision that is to be decided through our representatives. And if we, the American people, decide Muslims are not welcomed into our society, no judge has the constitutional authority to override that decision.