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The Temporary Immigration Ban and the Establishment Clause

Church-MosqueOn Monday, February 13, the federal court in Alexandria, Virginia preliminarily enjoined enforcement of the Middle Eastern temporary immigration ban.  As part of its considering the likelihood that the Muslim plaintiff would succeed after a trial (a requirement for getting a preliminary injunction) the ruling addresses how the ban likely violates the First Amendment guarantee of freedom of and from religion. Continue reading “The Temporary Immigration Ban and the Establishment Clause”

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Immigration and the Constitution

Immigrant Women Taking OathUnder the Constitution, all federal powers are specifically enumerated and spread among three separate and equal branches of government:  the Legislative, the Executive and the Judicial.  A series of checks and balances maintains equilibrium among the branches to avoid dominance by any one branch . . . autocracy, for example, in the case of the Executive branch, a major concern of the Founders. Continue reading “Immigration and the Constitution”

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Impeachment and the Emoluments Clause

100 Dollar BillsSoon we’ll be hearing more about impeachment using the Constitution’s Emoluments Clause, based on a global real estate empire generating profits, license fees, other payments and loans from foreign governments and their alter ego corporations, common, for example, in Russia and China. At least two lawsuits have been filed so far. Continue reading “Impeachment and the Emoluments Clause”

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Removal of the President Under the 25th Amendment

Common Law Writ and Wax SealUnder the 25th Amendment, a sitting president can be removed if “unable to discharge the powers and duties of his office,” for example, because of serious illness, by 2/3rd’s votes in the House and Senate. Continue reading “Removal of the President Under the 25th Amendment”

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The Constitution and the NSC

Steve Bannon Head ShotThe National Security Council is a Cabinet-level body formed in 1947 under President Truman to integrate the nation’s domestic, foreign and military policies and advise the president on national security matters. By statute, political operatives are not included as NSC members. Continue reading “The Constitution and the NSC”