[Marxism] Fwd: The Legality of Donald Trump’s Proposal for “Extreme Vetting” - Penn Undergraduate Law Journal

Louis Proyect lnp3 at panix.com
Tue Feb 7 16:50:37 MST 2017


(Apparently the exclusion of Ernest Mandel is being used by Trump to 
justify the ban of Muslims.)

A case that proponents of Trump’s plan might cite is the 1972 case of 
Kleindienst v. Mandel, in which Attorney General Richard Kleindienst 
denied the temporary nonimmigrant visa of a Belgian Marxist professor 
who had been invited to deliver a series of lectures. A lower court 
ruling had determined that the First Amendment right of assembly 
extended to a foreigner when US citizens were involved. The Supreme 
Court, however, upheld Kleindienst’s action, determining that the AG had 
provided a “legitimate and bona fide” reason to exclude Ernest Mandel. 
[4] Should Trump win the presidency and should Congress adopt his 
“extreme vetting” test, American citizens might have little precedent to 
stake a legitimate legal challenge.

full: 
http://www.pulj.org/the-roundtable/the-legality-of-donald-trumps-proposal-for-extreme-vetting



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