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第九巡回法院针对川普行政命令的判决书

已有 574 次阅读2017-2-9 10:28 PM |系统分类:法律制度| executive, president, although, national, question

The government contends that the district court lacked authority to enjoin enforcement of the executive order because the president has ‘unreviewable authority to suspend the admission of any class of aliens’ …

The government has taken the position that the president’s decisions about immigration policy, particularly when motivated by national security concerns, are unreviewable, even if those actions potentially contravene constitutional rights and protections …

There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy.

In short, although courts owe considerable deference to the president’s policy determinations with respect to immigration and national security, it is beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action.

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