The Unreviewable Executive? National Security and the Limits of Plenary Power
48 Pages Posted: 27 Jul 2017 Last revised: 11 Apr 2018
Date Written: July 25, 2017
This Article explores the weakened foundations of plenary power as a coherent doctrine in immigration, and asserts that a continued if limited role for the doctrine exists in the national security context. With reference to recent litigation over the Trump travel bans, the Article calls for a two-tiered level of review of challenged immigration action: 1) a searching evidentiary inquiry regarding the central motivation behind the action, and 2) a more deferential inquiry into the action's constitutionality when the action was driven primarily by national security interests.
Keywords: Immigration, National Security, Plenary Power, Trump, Constitutional Law
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