Why does the left think the Constitution applies to non-Americans?

Your problem is NOT the ban to protect the American citizens. Any President has the right to write an executive order to defend this nation and it's citizens. Here is the Problem as stated. You cannot not ban people from entering this country based on their religion.

Sure you can if you are the president using plenary power granted in 8 US Code
§ 1182 you can use any criteria you please. He can ban people who have red hair... he can ban people who have mustaches and beards... he can ban blonds... he can ban people named John! There is NO RESTRICTION on who he can ban. Read the fucking statute!

Now, is the statute "unconstitutional"? I think it has been challenged in the past when other presidents used it to ban other individuals. It has never been found to be unconstitutional.

But for the record, he did not ban anyone on the basis of their religion... (even though he could have according to this statute.) He banned people based on their country of origin, which he is well within his legal rights to do as president. You can whine and complain about it, but that's going to be prevailing finding by the courts when all is said and done.

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arbitrary and capricious is not acceptable, either.
 
A clear error of judgment; an action not based upon consideration of relevant factors and so is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law or if it was taken without observance of procedure required by law. 5 USC. 706(2)(A) (1988).
 

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