Kucinich on O'Reilly: First Amendment Says No Religious Tests

By Douglas V. Gibbs
Author, Speaker, Instructor, Radio Host

In a discussion during tonight’s O’Reilly Factor on Fox News Channel regarding President Trump’s executive order limiting travel from seven Muslim-majority countries, former Democrat Party Congressman Dennis Kucinich whipped out a pocket Constitution and said that the First Amendment does no allow religious tests.

It amazes me, when they think it supports their argument, how the normally anti-constitution Democrats become strict constitutionalists at the drop of a dime.  However, the misinterpretation of the First Amendment by Kucinich was not only a gross error on the part of the former Congressman, but insulting to those of us who recognize the importance of the original principles penned by the Founding Fathers over two centuries ago.

The term “religious test” only appears in the U.S. Constitution once, in Article VI., and is specifically in reference to persons holding a position in government.  According to the clause, in order to hold office in the federal government no religious test may be applied.

When it comes to immigration, Article I, Section 9 begins with a clause authorizing the Congress to use legislation to prohibit persons from coming into the United States, be it by way of importation (which led to Congress passing legislation outlawing the Atlantic Slave Trade), or by way of migration (immigration).  The clause provides no limitations.  Congress can prohibit any person for any reason from immigrating into the United States.

President Trump’s executive order also puts into action Federal immigration law Section 1182(f), which states: “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate”