In a press release by Donald Trump’s campaign and reiterated in almost every Republican debate:
Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States until our country’s representatives can figure out what is going on.
Until we are able to determine and understand this problem and the dangerous threat it poses, our country cannot be the victims of horrendous attacks by people that believe only in Jihad, and have no sense of reason or respect for human life.
While Korematsu v. United States has never been challenged and could be a slim avenue for implementation, most legal scholars would deem this bigoted plan unconstitutional. Trump’s proposal would violate the First Amendment’s Religion Clauses, the equality dimension of the Due Process Clause of the Fifth Amendment, and the Constitution’s general prohibition on religious tests outside of the immigration context as it would also conflict with the spirit of the No Religious Test Clause of Article VI.