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Alienage, Scrutiny and Security - to Finding a Balance

That the Ninth Circuit Court in San Francisco, California, earlier this morning, denied an Appeal from the Trump administration for an immediate lift of the stay of the travel ban granted by a Federal Judge in Seattle, Washington, on Friday, confirms that serious constitutional questions have been raised by any order that attempts to limit or to discriminate against a class of people or a sect of religion.

Thus, while the new White House might assume that it has absolute power over some facets of government in the United States(US) and that it could, by Executive Order, do whatever Donald Trump and his advisers wish, is definitely not the case in a functioning Republic with checks and balances built into it to protect against tyranny.

Aliens have rights protected under the Constitution and though those rights might not be as expansive as those reserved for citizens under the Privileges and Immunities Clause, yet strict scrutiny should always be applied to any matters bearing the classification of alienage.

Therefore, while the responsibility of the White House for national security must be respected, the Executive Branch, in absence of any imminent threat, should allow for the constitutional testing of all matters discriminatory in nature including those of national origin and of  religion. A balance must be reached between alienage, scrutiny and national security.

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