Why Trump’s travel ban is unconstitutional

You can find out some wonderful things at the Volokh Conspiracy. For instance I always thought that foreign terrorists didn’t deserve due process or any other provision of the Constitution because they weren’t, you know, citizens. That the pols clamoring for same were merely obstructionists.

Turns out I was wrong. “The Founding generation routinely applied the Bill of Rights as a constraint on U.S. government actions abroad, including those directed at non-citizens. For example, it was taken for granted that suspected pirates captured at sea, whether U.S. citizens or not, were entitled to the ‘due process of law’ guaranteed by the Fifth Amendment.”

Which makes Trump’s travel ban on certain Muslim countries unconstitutional. Even though Bronco Bama got away with it.

Via Volokh Conspiracy

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