Plenary Power

Constitution Thursday

On Monday, Judge Leonie Brinckema, a Federal Appeals Judge in Virginia, issued an injunction against President Trumps Immigration Executive Orders on the basis that they are in fact, a Muslim Ban. The Government has argued that the doctrine of Plenary Powers over National Security and Immigration should make the Orders unreviewable. But can such power be given under the Constitution? If the answer is no, then can statements made outside of the Orders by the President and his advisers be taken into account as to the intent of the orders? If the answer is yes, are we prepared to accept a country where he sitting President has unchecked power which neither the Courts nor Congress can counterbalance? It's a Valentines day Tuesday episode of Constitution Thursday!