Tuesday, May 30, 2017

How Does the Travel Ban Interfere with the Supreme Court?

Unit of Study: Executive and Judicial Branch

Donald Trump signed an executive order titled, "Protecting the Nation from Foreign Terrorist Entry into the United States" on January 27th, 2017. This order was set to ban people from six Muslim-majority countries from entering the United States. However, there has been many legal challenges and obstacles presented to the President and his team regarding this order. On May 25th, 2017, the Supreme Court took a further look at the comments made by Donald Trump as a candidate and president, the government's national security justifications, and the role of the courts. The newly sworn in Attorney General Jeff Sessions promised to "seek review" on this issue. "This opinion relies on principles that should be exceptionally persuasive to the Supreme Court," said Joshua A. Matz, who filed a brief in support of the challengers, "though, of course, it is possible that the justices will see things differently than the lower court."Key points that the 4th Circuit ruling the justices could review are:The Establishment Clause in the 1st Amendment - it is clearly stated that government shall not establish any religious orthodoxy, or favor or disfavor one religion over another. Even though power was granted to the President by Congress to deny entry of those from foreign countries, there is the potential to cause irreparable harm to individuals across this nation.


I believe that the Supreme Court has the right and power to get involved with this executive order that President Trump signed. The Establishment Clause prohibits the government from "establishing" a religion. However, The Free Exercise Clause protects citizens' right to practice their religion as they please, so long as the practice does not run afoul of a "public morals" or a "compelling" governmental interest. This ban specifically targets countries that are predominately Muslim due to the recent uproar in terrorist attacks. I can see the issue and controversy on this order because it comes down to morals and and principles. American has always been accepting of aliens coming to American for a better life but that halts those who are trying to escape their homelands that are continuously being bombed and targeted. The Supreme Court deals with cases that interfere with The Constitution and that is why this order has been hard to get set in place.

Trump to sign executive order to 'protect and vigorously promote religious liberty'

Unit of Study: Unit 6, civil liberties In early May of 2017, President Donald Trump signed another executive order. The reason this order...