This is an extra credit project discussing the Constitutionality of President Tr

Question

This is an extra credit project discussing the Constitutionality of  President Trump's Travel ban Order which was issued last January 2017. The answer can be found in the 9th Circuit ruling issued last February, 2017. The case is State of Washington v. Donald Trump. It can be found through a Google search. Answer the following questions;

1. Identify the party who brought the lawsuit.

2. Identify the seven countries that were named in the travel ban

3. Why was executive order found unconstitutional by the 9th Circuit?

4. What amendment was applied as the rule of law in this appeal. See page 19 of the 9th Circuit's decision issued in February 2017.

5. Why was this amendment applied to the travel ban

Explanation / Answer

1. The lawsuit was brought by the State of Washington. It was joined by the State of Minnesota.

2. Seven countries are Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.

3. The executive order was found unconstitutional by 9th Circuit because the court noted that the government has failed to prove the likelihood of success of such travel ban on merits and that a stay was indeed necessary to prevent irreparable injury. More importantly, the court said that the government did not appear to prove that it was likely to succeed on the states’ Due Process claim. Court also observed that President Trump has exceeded his authority given by Congress in making a decision on national security with respect to immigration, without proper justification.

4. The Fifth Amendment of the Constitution was applied as the rule of law in this case.It prohibits the Government from depriving individuals of their “life, liberty, or property, without due process of law.As noted in other judgments and in simple words, The Government may not stop a person without providing “notice and an opportunity to respond,” or, in other words, the opportunity to present reasons

5.The amendment was applied because the court observed that the order did not provide for what the due process under the law requires as mentioned under amendment v.

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