Alan Dershowitz is a die hard liberal in every sense but one. He is a huge supporter of Israel. And no one doubts that the Harvard law professor knows his stuff when it comes to the law. He has now slammed all three judges who ruled against the Executive orders issued by President Trump. And this coming from a real legal expert and not some fake news CNN host.
“The idea of focusing so heavily on campaign rhetoric and essentially saying, look, if Obama had issued the very same order with the same words it would be constitutional, but if Trump issues it, it’s unconstitutional because he said some things about Muslims in the run-up to the campaign,”
“I actually said that this wasn’t constitutional analysis. It was psychoanalysis. There is precedent in extreme cases where legislators in enacting a statute say things that you can sometimes look to the legislative intent. But I have never heard of a case where the rhetoric of a candidate, ambiguous rhetoric to be sure — because I do not believe this is a Muslim ban —focusing on a country like Iran, the greatest exporter of terrorism, not only no vetting, it sends terrorists out in order to kill Americans.
Congress even passed a specific law in 1952 to address such a situation. Harry Truman used it. Jimmy Carter used it. The ACLU challenged the law and it went to the Supreme Court, who refused to hear it because it is settled law. To a lesser degree, the six presidents before Trump all used it. Only when Trump used it did it become unconstitutional.