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View Diary: German Critic of NSA Denied Entry into the US (79 comments)

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  •  Rights of his US citizen hosts were violated (2+ / 0-)
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    mrkvica, sacrelicious

    The only winning move is not to play. - Joshua

    by FightersFate on Thu Oct 10, 2013 at 10:03:36 AM PDT

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    •  LOL.. um...well.. (2+ / 0-)
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      GoGoGoEverton, jrooth

      First, I appreciate ANYONE on this site for actually going out and doing legal research rather then just using their own intuition of what the Constitution should mean or referencing such things as the Mirrian-Webster dictionary or something.

      So, seriously, I appreciate the link.  I am not being snarky or sarcastic.   But...

      You missed a key word of that summary:  Reversed

      The SCOTUS ruled that the Attorney General DOES have the right to refuse entry of anyone into the United States.

      It is the Immigration and Nationality Act of 1952 whereby Congress authorizes the Executive (and thereby the Attorney General as delegated from the President) to exclude aliens and prescribe the conditions for entry into the US.

      Kleindienst was specifically related to barring people that had advocated for Communism, but the ruling would hold on any grounds.

      Held: In the exercise of Congress' plenary power to exclude aliens or prescribe the conditions for their entry into this country, Congress in § 212(a)(28) of the Act has delegated conditional exercise of this power to the Executive Branch. When, as in this case, the Attorney General decides for a legitimate and bona fide reason not to waive the statutory exclusion of an alien, courts will not look behind his decision or weigh it against the First Amendment interests of those who would personally communicate with the alien. Pp. 408 U. S. 761-770.

      Красота спасет мир --F. Dostoevsky

      by Wisper on Thu Oct 10, 2013 at 10:20:48 AM PDT

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      •  Yes, sadly that is still the controlling precedent (0+ / 0-)

        Wrongly decided, in my humble opinion, and both dissents, that of Justice Douglas and of Justice Marshall (Justice Brennan joining) are worth reading for the First Amendment analysis which the majority (after ably describing the First Amendment question) declined to consider in favor of Congress' "plenary power to exclude aliens or prescribe the conditions for their entry into this country."

        "That capability at any time could be turned around on the American people and no American would have any privacy left, such is the capability to monitor everything ... There would be no place to hide." - Senator Frank Church

        by jrooth on Thu Oct 10, 2013 at 11:25:26 AM PDT

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