Trump’s Muslim Immigration Ban – Concerning but Likely Constitutional

President Trump has recently signed an executive order, titled “Protecting the Nation from Terrorist Attacks by Foreign Nationals,” that restricts visits and immigration from seven Muslim-majority countries: Iraq, Libya, Somalia, Sudan, Syria, Yemen, and Iran. Trump’s executive order has sparked widespread protest and backlash from Muslim support groups, and has routinely been characterized as “racist.” Some critics of the executive order argue that the immigration ban targeting solely Muslim-majority countries is unconstitutional. Current United States law and court cases, however, grant the President broad authority to restrict immigration from particular countries. In the decades following the ratification of the Constitution, the Supreme Court determined that the Legislative Branch and the Executive Branch had “plenary power”—absolute power— over issues concerning immigration. Since then, Congress has given away much of its shared plenary power over immigration to the Executive Branch. For example, Congress delegated to the Executive Branch the power to determine whether foreigners should be granted temporary protected status, whether a person is permitted to work in the United States, whether a person’s deportation should be deferred, and whether to grant a person permission to be in the United States when the person does not qualify for a visa. Despite the [read more]

The Limits of Conscientious Objection

Professor Michael Dorf explores why conscientious objectors to gay marriage are not given the same deference as other conscientious objectors such as Quakers opposed to serving in the military. He also discusses what level of participation,in an act considered immoral, is required by a conscientious objector for an exemption to be recognized by the law. [read more]