Contributors Paul J. Larkin, Jr., is a Senior Legal Research Fellow in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation. David E. Bernstein is George Mason University Foundation Professor at the George Mason University School of Law in Arlington, Virginia. Randy E. Barnett is Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center, where he directs the Georgetown Center for the Constitution.
at whether a government action is illegally discriminatory. the toughest one is when you discriminate on the basis of race, it s almost impossible to justify a government action on that basis. here, the lowest level the court says of scrutiny, so-called rational basis scrutiny is applied here and so that s a very for givi very forgiving test. they say there s a rational purpose behind what the administration did, so therefore even though there are some questions about whether it s discriminatory on the basis of religion, they re not serious enough to justify declaring this program illegal under that test. i m so sorry to interrupt you, we have the senator from hawaii speaking now. let s listen. that the president can pretty
national security. this is about keeping americans safe and that is something that the commander and chief is allowed to do and has the legal right to be able to do. you don t think that holds water? no. we don t. i mean, as i as i mentioned, it s not just us saying that this was not necessary it s a security mesh und and that s why you haven t seen congress or other administrations do something like this. former national security experts said so. but i also think that it s very dangerous to say immigration is just going to be outside the constitution. the supreme court in past cases as said that even in the immigration era, even if the national security area we need adhere to the constitution allowing us to discriminate on the basis of religion we think is antithetical to this country s values and the constitution. i would point out that justice kennedy said even though we re not striking down the ban now, it doesn t mean that the president needs to go forward and do it. because j