I keep hearing this asinine argument from the left and it drives me nuts. Where in the hell do they get this concept that our Constitution is supposed to apply to everyone in the world and not just American citizens? Over and over, we come up on this issue of constitutionality and they consistently want to apply it to people who aren't subject to it. We cannot enforce our Constitution worldwide so we can't apply it that way. It's really as simple as that.
Then they want to make this silly argument about being "on American soil" ...as if, a radical jihadist could parachute into the country and as soon as his feet hits the ground he has instantaneous constitutional rights! That's not how it works. We are a humane nation who believes in basic human rights for everyone, and so we believe in treating people in accordance with basic human decency but that has nothing to do with constitutional rights. It is only the citizens of the United States who are protected by the Constitution. And guess what else? That's not ALWAYS an absolute!
Many of our constitutional rights have limitations and restrictions. If an American citizen travels to Mexico and returns, they aren't protected by the 4th Amendment against being searched and having property seized. We suspend that right at the border for national security reasons. We've determined that is "reasonable" and so the Amendment doesn't apply. And that's for an American citizen who IS protected by the Constitution!
There is nothing unconstitutional about Trump's executive order on restricting entry into the US. The President has plenary power granted under the Constitution and many presidents before him have used precisely the same plenary power to do the same thing. It's not a "Muslim ban" but guess what else? He's within his authority to make it one if he wants to! There is no restriction on this, the President has plenary power and he can make this effective for any country or ALL countries if he so chooses. He can make it against a specific religion... he can make it against people with red hair! There is nothing in the Constitution that prohibits him in any way with this. You may not LIKE it... but he has that authority under the Constitution.
Trump's executive order is turning out to be a comedy T.V. reality show. Trump skirts around the acting Attorney General, Sally Watts, then has Rudi Giuliani concoct this executive order, then fires Sally Watts for her telling her staff to NOT defend his order because it's unconstitutional--LOL
If you've got some reading comprehension skills this article pretty well nails it, as to why Trump's order was unconstitutional. Very good, detailed article.
Trump’s Executive Order Is an Unconstitutional Attack on Muslims. It Must Be Struck Down In Its Entirety.
If Trump challenges this it will end up in the 9th district court of appeals, if they agree with the district court judge then it probably settles the issue, if not it will end up in the U.S. Supreme court as an emergency action.
Not too many Presidents in history created a constitutional crisis within 8 days of being in office.
To add insult to injury he didn't even ban Saudi Arabia who on 9/11 killed 3000 Americans. There is a reason for that.
Countries where Trump does business are not hit by new travel restrictions
https://www.nytimes.com/2017/01/29/...le-from-places-where-hes-made-money.html?_r=0
There's no constitutional crisis.
8 U.S. Code § 1182 - Inadmissible aliens
14 (f)Suspension of entry or imposition of restrictions by President
Whenever the
President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States,
he may by proclamation, and for such period as
he shall deem necessary, suspend the entry of
all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens
any restrictions he may deem to be appropriate. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.
Not a word about pending judicial review or oversight. Not a word about restrictions or limitations. It's clear and unambiguous. The statute grants the president plenary power.
No crisis whatsoever, except in your confused little liberal head.