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Reason
Reason
Politics
Josh Blackman

President Trump's Invasion Executive Order

President Trump's order concerning an invasion at the southern border is the most full-throated endorsement of Article II powers I've seen in some time.

First, the opinion cites U.S. ex rel. Knauff v. Shaughnessy (1950), which recognized that "The exclusion of aliens is a fundamental act of sovereignty . . . [that] is inherent in the executive power to control the foreign affairs of the nation." During the travel ban litigation, several litigants suggested that this case was no longer good law. But Trump is invoking it, head-on.

Second, Trump explains one of the grand bargains behind the Constitution:

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