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TRUMP’S BANNING OF MOSQUES
NAME OF WRITER
AFFILIATIONS
Freedom of religion means liberty to act and stand on your beliefs but not violate anyone else’s social and political rights. The U.S constitution allows its citizens to practice their religious beliefs. While the law of the country cannot interfere in someone's religious beliefs, it can control its movements and activities that can affect other sects of a community. This is specifically done in order to hold that doctrine under the law of the country. However, under the law, one cannot shut down a religious place of some importance until and unless some sort of hatred is being spread from there that affects other people's religious or social beliefs. This paper covers the constitutional perspective of Donald Trump's policies regarding banning and shutting down of mosques as well as legal and moral arguments on why banning of mosques is not right.
Constitutional Perspective of Trump’s Statement
The first amendment of the United States law imposes that congress shall make no law to prohibit the free expression of any religion, neither it is eligible to make any law in the respect of an already established religion. The first amendment of United States constitutes of two clauses that guarantees the freedom of religion. The two clauses are the establishment clause and the free exercise clause. The establishment clause restricts the government from changing or passing any laws that can establish an official religion nor it has the right to prefer one religion over another. The first amendment separates religion practices from state practices. The second clause which is the free exercise clause prevents the government to interfere in any person's personal beliefs and practices. By looking at all the details in the first amendment, the policies of Donald Trump regarding banning and closing of mosques is unconstitutional and immoral. It is an intent of biases and injustice towards a specific community. He cannot close the religious places of one religion and ignore others. If Trump’s administration wants to close down mosques, they will also have to close churches and other religious places of different communities to show the intent of religious freedom of the country. However, in both cases, it is a clear violation of the first amendment of U.S constitution. Even a majority rule cannot change the fundamental rights that are given to a citizen. The willingness of Donald Trump to close down mosques is completely incompatible with the constitution and the principles of religious freedoms which are the basis of American success. The actions as a result of Donald Trump's policies violate the Free exercise clause. The U.S constitution specifies that no action can be taken against "any religion". So, taking action against any specific religion is the violation of the law. If the government takes any actions that may have a positive impact on society in general but singles out a religious or racial minority, then it is automatically constitutionally invalid. It is evident from the fact that Mr Trump is not banning mosques because it is a breeding ground for terrorists but because he has personal resentment towards a specific community. He also stated that a database and tracking system will be developed in order to track Muslims across the country.
Involvement in the Case
I would choose to represent the defendant which in this case are Muslims. My decision to stand with them is purely based on the constitutional and moral rights that the constitution provides to the citizens of the United States. The Trump’s administration policies are the reflection of the mindset that has started since 9/11. According to one 2003 poll, 63 per cent of Americans say they do not have a good understanding of Islam as a religion ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"WGt3cL2e","properties":{"formattedCitation":"(Smith, 2009)","plainCitation":"(Smith, 2009)","noteIndex":0},"citationItems":[{"id":"Z2udsME4/3QXh0LyC","uris":["http://zotero.org/users/local/cYhHNKoU/items/CNNW7MYP"],"uri":["http://zotero.org/users/local/cYhHNKoU/items/CNNW7MYP"],"itemData":{"id":23,"type":"chapter","title":"Islam in America","container-title":"Muslims in the West after 9/11","publisher":"Routledge","page":"38-52","author":[{"family":"Smith","given":"Jane I."}],"issued":{"date-parts":[["2009"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Smith, 2009). Since that time, unfair profiling, discrimination in public places and many illegal detentions have taken place against Muslims. Whether it is the building of mosques or any settlements of Muslims that are happening in the community, there are clear discrimination and hatred that is being shown towards them. Muslims are a very important part of American culture as a whole and as a group, American Muslims generally earn more than average Americans. Besides, they are increasingly contributing to American culture in the form of media, rap groups, magazines, comedy groups, etc. People have very often confused culture and community values with each other. Religious freedom includes the protection of a sitting facility that is associated with any religion. Similarly, the United States Constitution ensures the freedom of Islam as much as it ensures the freedom of any other religion. In this world of hatred and radicalizing if I am able to do anything that can help any specific community and clears the misconception in many people's minds, then I will happily help in building a peaceful community.
Legal Stand on Trump’s Decision
U.S constitution states that you cannot discriminate on the basis of nationality or a place of origin, neither can you discriminate based on one's religion. This is a primary source that helps the challengers. Mr Trump's policies have led to the radicalization of people, his views and statements have encouraged the extremist groups among white Americans to act publicly against Muslims and their properties. One such example of violence is the attack on Victoria Islamic Centre in Texas. This was the result of Donald Trump’s announcement of Ban on Muslims. It’s been almost 250 years since the first amendment was laid but religious issues still are one of the most persistent matters in America today. The way American Constitution defines religious freedom is more than the freedom to worship at a synagogue, church or a mosque. The law helps people and prevent them from going against their beliefs so that they conform their culture or government. The freedom of religion provided by the constitution protects people’s right to not only express and live but also act according to it. However, the supreme court has the right to allow the federal government to limit religious freedom but only when it has a convincing interest to do so. This act prevents the government from becoming so powerful that it can impose people on what to do and how to act. Religious freedom is the core and foundation of American cultural diversity came and live together without any distress of penalty from the government. Since according to the first amendment, the government has no official religion nor it prevents anyone from practising their own beliefs. In 1971, the three-pronged criteria were created by the supreme court in Lemon v. Kurtzman case. This states that for a policy to be constitutional, its purpose must be non-religious; the policy should not promote or favour any specific religion nor it can compel government to involve itself in any religious matters.. ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"ycbZneUA","properties":{"formattedCitation":"({\\i{}Lemon v. Kurtzman}, 1971)","plainCitation":"(Lemon v. Kurtzman, 1971)","noteIndex":0},"citationItems":[{"id":92,"uris":["http://zotero.org/users/local/KfR9yuY2/items/2ZVYRIQ7"],"uri":["http://zotero.org/users/local/KfR9yuY2/items/2ZVYRIQ7"],"itemData":{"id":92,"type":"legal_case","title":"Lemon v. Kurtzman","page":"602","volume":"403","issued":{"date-parts":[["1971"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Lemon v. Kurtzman, 1971). As a president of the United States, his words matter and carry significance importance. He is using his position to spread hatred, and in my opinion, there are a lot of things common between him and Nazis. Although not at the same level, Mr. trump also targets only one religion and minority like Hitler did. One major recent example of it is the person who was caught in case of mass murders of Muslim in New Zealand and claimed Donald Trump as the symbol of renewed white identity and a common purpose ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"6R9CeDx9","properties":{"formattedCitation":"(contributor, n.d.)","plainCitation":"(contributor, n.d.)","noteIndex":0},"citationItems":[{"id":93,"uris":["http://zotero.org/users/local/KfR9yuY2/items/ZD29D4V3"],"uri":["http://zotero.org/users/local/KfR9yuY2/items/ZD29D4V3"],"itemData":{"id":93,"type":"webpage","title":"Opinion | A short history of President Trump’s anti-Muslim bigotry","container-title":"Washington Post","abstract":"His comments are an inspiration to Islamophobes everywhere.","URL":"https://www.washingtonpost.com/opinions/2019/03/15/short-history-president-trumps-anti-muslim-bigotry/","language":"en","author":[{"family":"contributor","given":"Brian Klaas closeBrian KlaasDemocracyPost","dropping-particle":"contributorEmailEmailBioBioFollowFollowDemocracyPost"}],"accessed":{"date-parts":[["2019",10,14]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (contributor, n.d.).
References
ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY contributor, B. K. close Brian K. contributor Email Bio Follow Democracy Post. (n.d.). Opinion | A short history of President Trump’s anti-Muslim bigotry. Retrieved October 14, 2019, from Washington Post website: https://www.washingtonpost.com/opinions/2019/03/15/short-history-president-trumps-anti-muslim-bigotry/
Lemon v. Kurtzman. , (1971).
Smith, J. I. (2009). Islam in America. In Muslims in the West after 9/11 (pp. 38–52). Routledge.
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