BREAKING: Appeals court denies Trump administration request to reinstate ban (user search)
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  BREAKING: Appeals court denies Trump administration request to reinstate ban (search mode)
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Author Topic: BREAKING: Appeals court denies Trump administration request to reinstate ban  (Read 7549 times)
MaxQue
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Posts: 12,651
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« on: February 09, 2017, 07:51:56 PM »

The Constitution is extremely clear that the President of the United States has the authority to do these things in the interests of national security.

Period. That isn't debatable. Remember, the Constitution is not an evolving document.

I think it's why they are judges and not you.

They understand law, and you don't. It's simple as that.

Trump is free to ask Congress to pass laws or to start the process for a constituonnal amendment, however.
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MaxQue
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Posts: 12,651
Canada


« Reply #1 on: February 09, 2017, 08:08:03 PM »

And here's where Trump's tweets and commentary have come to bite him in the arse. Apparently in their view it runs afoul of the Lemon test, and thus, the First Amendment. They're also arguing there's Fifth amendment issues here.

Anyway, the fun money quote:

"The States argue that the Executive Order violates the Establishment and Equal Protection Clauses because it was intended to disfavor Muslims. In support of this argument, the States have offered evidence of numerous statements by the President about his intent to implement a “Muslim ban"as well as evidence they claim suggests that the Executive Order was intended to be that ban, including sections 5(b) and 5(e) of the Order."


Out of interest when was it that SCOTUS ruled that the Equal Protection Clause applies to non-Citizens, since that seems to be necessary to claim that in order to make this case.

Well, while the early parts of the clause refers to citizens, the two last parts says "any person".

Are you trying to argue non-citizens are not persons?
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