Even if it is, so what? The President has statutory power to ban immigration by anyone, any time, for any reason or no reason at all. That authority was granted to him by Congress, which has PLENARY power over immigration that the SCOTUS has said is part of the nation's "sovereign authority" that pre-exists even the Constitution.Brian Peacock wrote:We all know this is a Muslim ban.Animavore wrote:Donnie's words come back to bite him on the arse re: his Muslim ban.
http://secondnexus.com/politics-and-eco ... d5f3e08d7d
Thing is, President Trump doesn't have to state a reason, he can do it because he thinks he should. That's his power as the elected CEO of the United States and NO STATE has any authority whatsoever to challenge him or his reasons for doing what he, as a part of his political executive authority, has the statutory power to do.It was promised on the campaign trail and promoted as such before the election, and it's apparent national security justification is seriously undermined by the fact that the number of domestic terrorist attack by immigrants or visitors from the nominated states is exactly zero. This leaves that justification hanging on the assumption that Muslims are inherently terroristic, which further pushes the order into the territory of a religious ban - thus contravening the establishment clause of the constitution.
This is a separation of powers issue. Neither the states nor the courts have authority to inquire into the motives of the President's invocation of the law involved because that is a POLITICAL MATTER, not a judicial one. There are things that are beyond the review of the courts, including the Supreme Court, because they are political matters that are determined by elections and legislative actions, not judicial fiat.
The establishment clause of the Constitution does not even factor into this because immigrants seeking entry to the US have no rights under the Constitution or the establishment clause. That's just how it is, so the argument is fallacious to begin with and the obstruction by liberal 9th Circuit judges is just political grandstanding that will lose in a unanimous decision in the Supreme Court because this issue has already been adjudicated by the SCOTUS which said that states have NO standing to sue on behalf of their citizens in matters of federal immigration law.
No, it's not. It's a fundamental principle of sovereign states set forth in precise terms in Article 1 Section 8 where Congress, and Congress alone is given the authority to determine immigration policy. And Congress, in doing so decades ago, gave to the President unreviewable power to ban immigration by anyone as he sees fit.Some are arguing that the President's obligation to the constitution only applies to domestic policy that effects citizens - not visitors or immigrants who haven't gained citizenship. This is a silly argument.
Only once someone has gained lawful permission to enter the United States do ANY civil rights attach under the Constitution. That does not include either refugees in other nations or foreigners who wish to immigrate.