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Home » Archive » Protecting The Nation From Foreign Terrorist Entry Into The United States.A Constitutional Analysis Of President Trump’s executive Orders

Davide De Lungo
Protecting The Nation From Foreign Terrorist Entry Into The United States.A Constitutional Analysis Of President Trump’s executive Orders
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Through the implementation of two Executives Orders, the recently instated US President Donald Trump has temporarily suspended the admission onto US soil of aliens from seven Muslim-majority countries, as well as refugees across the board. The backlash across both the national and international public debate has been severe, as the resulting political struggle instantly translated into a legal dispute. Several issues arose within the legal debate regarding the Executive Orders. First and foremost, attention has been called to equality and non-discrimination concerns; secondly, yet not less importantly, the interactions between the executive, legislative and judicial branches of the US Government have come to be challenged, potentially leading to a sort of “constitutional showdown”. This paper aims to appraise the consistency of President Trump’s Executive Orders with existing legislation on immigration; their compliance with the First Amendment (with regards to the Establishment Clause), and Fifth Amendment (with regards to both the Equal Protection Clause and Due Process Clause); and how the Executive Orders fit within the habitual functioning of the US Federal system.

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