The ban just enacted includes legal US residents (user search)
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  The ban just enacted includes legal US residents (search mode)
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Author Topic: The ban just enacted includes legal US residents  (Read 4484 times)
Mr. Reactionary
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« on: January 28, 2017, 08:01:46 PM »
« edited: January 28, 2017, 08:16:39 PM by Mr. Reactionary »

So, how many laws/ parts of the constitution have been violated through these actions?

Equal protection clause at minimum. This is discriminatory against us citizens on the basis of alienage (us-peruvian citizen vs. Us-iraqi citizen) which means strict scrutiny would apply. While national security is a compelling state interest, I would argue that the law isnt narrowly tailored because it would be easy to carve out our own freakin citizens from the order and that wouldn't undermine the overall scheme. Standing is self evident since us citizens cant enter their own country, conduct business or attend school, pay bills, and face other tangible economic harms. The real issue is red tape. Without an emergency order from a judge, the case would likely be moot by the time of trial due to the shortness of the travel ban. Still, the potential for future abusive travel bans of uncertain lengths would suggest that this issue could be one of those special issues which frequently evade review like abortion (b/c of the 9 month term).

Update: it also may violate 5th Amendment due process. The Supreme Court, in Kent v Dulles recognized that 5th amendment liberty includes the right to travel, including internationally, ("Freedom to travel is, indeed, an important aspect of the citizen's liberty"). From wiki:

"Historically, the cases of refusal of passports generally fell into two categories. First was the question pertinent to the citizenship of the applicant and his allegiance to the United States. Second was the question whether the applicant was participating in illegal conduct, trying to escape the toils of the law, promoting passport frauds, or otherwise engaging in conduct which would violate the laws of the United States. It considered wartime measures, citing Korematsu v. United States, 323 U.S. 214, for the proposition that the government could exclude citizens from their homes and restrict their freedom of movement only on a showing of "the gravest imminent danger to the public safety."
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