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Articles by Kristina Gitsas

Is Trump's Travel Ban Constitutional?

Originally Published March 2, 2017

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The controversy of whether or not President Trump's Executive Ban on travel and immigration is constitutional or not has been the highlight of the news for many weeks since it was put into effect. Many are upset because they believe this is believed to be a specific attack of Muslims because the seven countries that were banned from entering the U.S. were all mostly Muslim majority countries. If it was clearly stated in the executive order that this was against the Muslim religion it would be completely unconstitutional, but that however is not the case, which has led to this dispute of if this travel ban is or is not constitutional.

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The president shows off one of his many Executive Orders

 

 

When Trump first proposed this order he asked his good friend Rudy Giuliani who was the former mayor of New York for some advice. On Politico.com, it was stated that Giuliani has said that when Trump asked for help he asks him to, “Put a commission together, show me the right way to do it legally.”  Trump also specifically referred to this soon to be executive order as a “Muslim Ban”. Trump knew that what he wanted to do was not possible unless it was not specifically aimed towards Muslims because that would be breaking the 1st amendment which states “Congress shall make no law respecting an establishment of religion...”

           

 

There are many who believe that Trump knowingly aimed this ban toward the Muslim community but he got around that fact by redoing it and making it a point that it was only a ban towards those countries due the “terroristic influence” against the U.S. in those countries. However, this is not true according to CNN when the three judges of the trial stated, "The government has pointed to no evidence that any alien from any of the countries named in the order has perpetrated a terrorist attack in the United States.” With all of this knowledge known to the public this has led to over a dozen lawsuits against the ban and a three judge panel on the United States Court of Appeals for the Ninth Circuit. This panel has denied the appeal of the restrictions of Trump’s ban due to the lack of evidence, therefore temporarily putting it to a halt. 

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