another opinion

This week USA Today published an opinion by the Heritage Foundation's John Malcolm supporting the presidential authority behind Executive Order 13769 ("Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States"), the so-called "travel ban." President Trump may have the authority, but Malcolm's argument in support is flawed. He writes, "Presidential authority to protect our homeland should not be second-guessed by courts based on some hidden intent divined from tweets and statements made by surrogates in the heat of a presidential campaign." First, Malcolm's attempt to attribute to surrogates Trump's Muslim ban campaign rhetoric is wrong. In December 2015, during the campaign, candidate Trump said at a rally, “Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States until our country's representatives can figure out what the hell is going on.” Second, and worse still, Malcolm tries to nullify the intent behind campaign promises. Of course candidates make false promises, but we still have to pretend the promises are true.


Notes:

• At issue is the scope of presidential power over the border. The Supreme Court has allowed parts of President Trump's travel ban to go into effect and will hear oral arguments on the case this fall.
• The "he did not mean it" argument was once part of the legal defense.
• Every previous President made an empty promise.

Source: "Travel ban is president's authority," USA Today, July 5, 2017