The First Amendment to the Constitution states “Congress shall make no law
respecting an establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech, or of the press; or the right of
the people peaceably to assemble, and to petition the Government for a
redress of grievances.” In 2015, Presidential candidate Donald Trump
proposed that he would consider shutting down mosques in the United
States. Now that Donald Trump is president assume for the purposes of
this assignment that he created an executive order mandating the closure
of all mosques.
▪ Consider Donald Trump’s statements from a Constitutional perspective.
Would Trump’s policies violate the First Amendment? Explain.
▪ Suppose you are the lawyer involved in this case. Which side would you
choose to represent, the U.S. Government as the defendant or the
congregation of a Muslim mosque as the plaintiffs?
▪ After deciding your position, please make arguments on behalf of your client
(either the U.S. Government or the Muslim Congregation). Explain your
position using your interpretation of the Constitution and relevant case
law.