Tussle between Trump and Judiciary over constitutional provisions


The tussle between US Federal appeals court and President Donald Trump over ban on immigration from seven Muslim-majority countries and suspension of America’s refugee program may extend over a period of time till the matter is finally resolved.

President’s order also points to a state of constitutional crisis .Trump’s order violated the guarantee of equal protection and the first amendment’s establishment clause, infringed the constitutional right to due process and contravened the federal Immigration and Nationality Act.


The significant aspects relates to the checks  and balances over President’s executive orders as it raises questions over how an American president could take such actions unilaterally and abruptly .There has to be a specific protocol to be followed for any order to be enforced ie a policy should be formulated in a law as there are potential political risks.Since his inauguration, Trump has signed 20 memoranda and executive orders.

The government has asserted that presidential authority cannot be questioned by judiciary  when the national security is invoked. Congress however opines that President has the discretion to impose conditions on alien entry and tRump isn’t legally required to justify such actions for “protecting against terrorism and that is sufficient to end the matter.”

The amendments in the order created confusion with Department of Homeland Security initially barring legal permanent residents who hold green cards .

Terming Trump’s executive order as unconstitutional, protestors are  keeping up the pressure in several US cities  and states  to resist the ban.But the President is relying on the Republicans who hold a majority in Congress to fulfill his agenda of overhauling the Obamacare, financial regulations, Healthcare etc.But there are 16 Republicans who have criticized immigration ban order .

Trump administration imposed sanctions on 13 individuals and 12 companies over Tehran’s ballistic missile test after criticising Obama’s nuclear deal with Iran.

Keeping in view an escalation in fighting in eastern Ukraine, Trump assured his Ukrainian counterpart of bolstering the strategic partnership between their countries. With regard to Russia, Trump said he “respects ” Russian President Vladimir Putin implying that US President Donald will get along with Putin in so far as American interests are also safeguarded.

arti bali

By : Arti Bali

Senior Journalist

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