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R E S O L U T I O N
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WHEREAS, We respect the rule of law and love of our neighbors; |
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and |
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WHEREAS, As elected members of the House of Representatives |
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of the 85th Legislature of the State of Texas, we have sworn an oath |
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to "preserve, protect, and defend the Constitution and laws of the |
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United States and of this state"; and |
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WHEREAS, The Fifth Amendment of the United States |
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Constitution states that no person shall be "deprived of life, |
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liberty, or property, without due process of law"; and |
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WHEREAS, Article I of the Texas Constitution states that |
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"equality under the law shall not be denied or abridged because of |
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sex, race, color, creed, or national origin"; and |
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WHEREAS, On December 7, 2015, Donald J. Trump, as a candidate |
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for the Republican nomination of president of the United States, |
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announced his intention "for a total and complete shutdown of |
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Muslims entering the United States"; and |
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WHEREAS, On January 27, 2017, President Donald J. Trump |
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signed an executive order entitled, "Protecting the Nation From |
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Foreign Terrorist Entry Into the United States" ("Executive |
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Order"), which bars all people, including legal permanent residents |
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and authorized visa holders from the countries of Iraq, Syria, |
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Iran, Libya, Somalia, Sudan, and Yemen; and |
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WHEREAS, The executive order halts the admission of all |
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refugees to the United States, including those who have helped |
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America and its allies fight against Al-Qaeda and the Islamic |
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State; and |
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WHEREAS, The United States Supreme Court determined in Church |
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of Lukumi Babalu Aye, Inc. v. City of Hialeah, in a majority opinion |
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written by Justice Anthony Kennedy and concurred by Justice Antonin |
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Scalia, that "official action that targets religious conduct for |
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distinctive treatment cannot be shielded by mere compliance with |
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the requirement of facial neutrality" and that "the Free Exercise |
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Clause protects against governmental hostility which is masked, as |
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well as overt"; and |
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WHEREAS, President Trump's aforementioned executive order to |
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ban travel is, without question or debate, a fulfillment of |
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President Trump's intention to shut down the entry of Muslims into |
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the United States; now, therefore, be it |
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RESOLVED, That the House of Representatives of the 85th Texas |
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Legislature hereby condemn President Trump's executive order as an |
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open act of discrimination against Muslims, as a constitutional |
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violation against legal residents of the United States, and as a |
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violation of the due process and equal protection clauses of the |
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United States Constitution; and, be it further |
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RESOLVED, That an official copy of this resolution be |
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prepared and delivered to President Donald J. Trump as a clear and |
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unequivocal declaration from the Texas House of Representatives |
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that we uphold our sworn oath to protect the Constitution, as well |
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as our moral oaths to respect the rule of law and love our |
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neighbors. |