Is the Travel Ban issued by President Trump actually unconstitutional? Does it overstep the authority and the power that has been given to the President? In this episode of Fragile Freedom host Wyatt McIntyre takes on the question of the Trump Travel Ban that has been all over the news, taking a trip through time to discuss what power the President has in setting immigration policy and what power the judiciary has in reviewing those policies.
Starting with the Alien and Sedition Acts he moves through the Chinese Exclusion Act and the Johnson-Reed Act straight through to measures issued by President’s Jimmy Carter, George W. Bush and Barack Obama to see what previous Administrations were allowed. From there he looks at decisions rendered in the Chae Chan Ping v. United States, United States v. Ju Toy, and Harisiades v. Shaughnessy to determine what the courts have said in the past regarding their power with regards to Judicial Review of Immigration Policy. With these cases in hand he works through the precedents and the legislation to answer the deeper questions people may have as to what is actually within the President’s power and what is not when it comes to issuing a exclusionary immigration policies.
So take the time to join us for this controversial but must listen episode of Fragile Freedom.