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Distinguishing Disagreement from Unconstitutionality

Far too often, people run to the courts claiming that some action of the executive or legislative branch is unconstitutional when their basis is really nothing more than strong disagreement with the merits of the decision.  It is refreshing to see a recognition of the important difference in this editorial in the WaPo.

Much as we find Mr. Trump's travel ban offensive, imprudent and unwise; much as we believe it inflicts real harm not just on America's foreign policy objectives but also on families, communities and institutions in the United States, it's fair to wonder whether it really amounts to an attack on Islam and an affront to the Constitution.
That's a step in the right direction, but understated.  There is no need to wonder.  The order is well within the President's legal and constitutional authority, as I have explained previously on this blog.  Of course the Post is entitled to its opinion on the wisdom of the policy, which I won't get into here.  We should give credit where it is due for seeing the difference between "offensive" and "unconstitutional," a difference too seldom recognized.

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