Facts are stubborn things.
And this is especially troubling for those who want Donald Trump to be right about everything. Because the fact is his Muslim Ban is a religious test and is therefore unconstitutional.
But leave it to Carl Higbie and Christian Broadcast Network's David Brody to confuse that issue horribly, so much so that Jennifer Granholm accidentally calls Carl "hon."
For more than a century, the Court has recognized that the Equal Protection Clause is "universal in [its] application, to all persons within the territorial jurisdiction, without regard to differences of ... nationality." The Court has repeatedly stated that "the Due Process Clause applies to all 'persons' within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent."
Carl Higbie insists that the Constitution does not apply to anyone who is not a citizen and is not standing on US soil this very minute.
But Carl, it applies to THE PRESIDENT OF THE UNITED STATES. And the orders he signs have to abide by the Constitution.
Carl then argues that Barack Obama did it. Obama executed a soft temporary ban based on evidence of a specific terrorist incident, and Granholm calls him on it:
GRANHOLM: There was an incident. Here there are no incidents. This is what the problem is. it is a broad-based violation of the Constitution without any precipitating action and not directed at any problem.
HIGBIE: Are you saying that people non-citizens of the United States of America are entitled to our constitutional rights?
GRANHOLM: Yes, they are.
HIGBIE: You're sure about that? I would argue that is completely false.
Carl the alternative facts you "would argue" are not facts.
GRANHOLM: [under her breath] Hon... I am a lawyer. I was was a constitutional specialist in law school. The Constitution applies to all persons within our boundaries, whether they are they are immigrants or not.
HIGBIE: They're not in our boundaries. We're not talking about people who are here. We're talking about people coming here.
GRANHOLM: When the -- the Constitution applies to people who get here, you're right, and it applies to people who have a property interest, which may be a visa, it may be a green card, but the Constitution does apply within our boundaries to the people who are here. that means --
AAAAND we're outta time, but have time for one nonsensical statement from Christian Broadcast Network:
DAVID BRODY, CBN: Just to echo the point about the religious test. The governor said that there was no religious test or there should be no religious test in the Constitution. absolutely. From people coming on overseas. Not when it comes to immigration that's actually having nothing to do with exactly that. You know, Donald Trump and the folks in the White House understand that.
I think what Brody is saying is, you can ban all the Muslims you want as long as you pretend it's not about them being Muslim. Yeah, Rudy Giuliani said the same thing. And Kate Bolduan ends the segment pointing out that even Republicans in Congress know that's all BS.
KATE BOLDUAN: But you are also on the religious test, though, we're -- the religious test, that's where you are hearing the biggest pushback from Republicans, though, that we do not believe in a religious test in this country. we heard that from Paul Ryan and Mitch McConnell. We don't have a religious test.
Because it's unconstitutional.