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”

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”