Last week I noticed that Donald Trump justified his muslim-immigration ban in language was reminiscent of Justice Jackson’s dissent in Terminello v. Chicago, which explained that the Constitution was not a suicide pact.

On Meet the Press, he used similar language. Someone on his team must have given him the suicide pact language, and he is running with it.

I actually don’t think it’s a rollback. In fact, you could say it’s an expansion. I’m looking now at territory. People were so upset when I used the word Muslim. Oh, you can’t use the word Muslim. Remember this. And I’m okay with that because I’m talking territory instead of Muslim. But just remember this. Our Constitution is great. But it doesn’t necessarily give us the right to commit suicide, okay? Now, we have a religious, you know, everybody wants to be protected. And that’s great. And that’s the wonderful part of our Constitution. I view it differently. Why are we committing suicide? Why are we doing that? But you know what? I live with our Constitution. I love our Constitution. I cherish our Constitution. We’re making it territorial.

The suicide clause in Article XII must have override the “religious” clause in Article I.