(Archive April 2017) Professor Says Travel Ban is Constitutional

By Brianna Stevens | Observer Contributor

The recent travel ban instituted by President Trump is constitutional, according to Professor John Fielding from the Mount. 

Many people have questioned, why Iran, Libya, Somalia, Sudan, Syria, and Yemen? Fielding explained simply that the reason for only those six countries was because they do not keep records of their citizens. 

Many people wondered why Pakistan was removed from Trump’s ban when it was on the original ban. “Because Pakistan keeps records of their citizens,” Fielding said, “So even though you might think it’s unusual, we do allow Muslims from Pakistan into the country.” Trump’s ties with countries that were not on the ban had nothing to do with Trump, simply that those countries kept records of their citizens.

This is not a Muslim ban, as much as it may appear so. Calling it a “Muslim ban” is a lazy man’s way of describing the executive orders. Fielding brought up Judge Scalia’s thought “I gave a talk once where I said they ought to pass out to all federal judges a stamp, and the stamp says ‘Stupid but Constitutional.’” Fielding continued to say “The ban, although it may be a stupid ban, meets the test of constitutionality.”

The president’s first job as commander and chief is to keep the people safe. The president swears to protect and defend to the constitution of the United States. The constitution is piece of paper so he is swearing to protect the American people.

The ban will go before the Supreme Court and since it is a temporary ban, it will most likely pass. Once the ban is lifted, refugees must have proof that they are not terrorists, most likely through social media. In a few past examples, the terrorist that were let into the country had said threatening messages on their Facebooks before they were in America.

Republican’s such as John McCain and Lindsey Graham believe that the ban will embolden Muslims to join ISIS and other militant groups. Fielding said that is not true because terrorist’s acts are based on their religious convictions, not social standing.