Congress passes laws..Donny makes up shit..
Hasn't anyone advising this buffoon in the White House told him that he'd have a hell of a lot easier time dealing with immigration if he went through Congress to get things done? Wouldn't most of these court challenges go away if Congress approved a Muslim ban instead of Trump trying to do that whole thing on his own?
...I'll give you a break if you've never heard of it - it was recently decided...in 18 fucking 03!!
It doesn't matter if Congress passes a law or the President signs an executive order - the Supreme Court has the power of "judicial review." The S.Ct. has the power to declare an act of Congress unconstitutional. Marbury v. Madison helped put the Court on an equal footing with the Congress and the Executive branch of government.
Was it the medical marijuana or your homemade wine that was responsible for your post?
I'm not talking about whether the court can review an Executive Order, but on what basis said order is Unconstitutional. Sorry, I didn't mean for my OP to fly over your head. 
...fly over your head, I really didn't, I tried to dumb it down so a dummy like you can understand. But you don't even understand your own OP. You want Congress to pass the Muslim ban, rather than having Trump sign an executive order. That wouldn't make a difference.
"...on what basis said order is Unconstitutional." On what basis? On the basis the Supreme Court REVIEWS the law if it is challenged and RULES that the law is unconstitutional, whether it's an executive order or a law passed by Congress. The Court issues an opinion and that is the "basis" of why the executive order is unconstitutional.
Gawd, you're dumb.
The primary reason why the judges enjoined Trump’s immigration order as violating the First Amendment is bc Trump himself repeatedly called for a “Muslim ban” during the campaign. Just because the lawyers took out the religion- specific language in an effort to make the order religion neutral did not, in the view of the judges, preclude consideration of the true “executive intent.
If Congress passed an immigration law that effectively bans Muslims (obviously Congress would not call it a “Muslim ban”), as Willy suggested, then Trump’s intent would not be relevant. Instead, the court would look to “legislative intent” which would be religion neutral, unless the bill was sponsored by one of the Fox republicans who insist on calling terrorist “radical Islamic terrorist.” That kind of stuff would get you in trouble. But so long as the bill’s sponsors didn’t call it a Muslim ban, even though it has that effect as to the countries involved, it would most likely be upheld. Plus courts will give greater deference to a law than an EO.
Judicial review is not an issue here.
As a bill becomes a law it develops what's known as its legislative history. This includes the various drafts it goes through and any research and other documents developed during the legislative process and statements made in hearings (which you did allude to). Courts generally are guided by this in addition to the language of the law itself. In this sense it's analogous to statements made by Trump during the campaign, but more detailed.
That said, you're right.
-- Modified on 4/28/2017 8:50:49 PM
He was critical of Obama for signing Executive Orders... the right was critical too... not now .
Hypocrites
Congress passes laws..Donny makes up shit..
How would you know that? Do you have a source you can link to?
The judiciary, that is any court, has the power to review any law no matter what the source as long as it is legally challenged. While legislative or executive intent is one of the things the courts will look at, the main issue is the actual effect. What Trump and his idiots don't understand is that if the law is discriminatory to a class of persons, regardless of intent, it will be overturned - first in a lower court, then the circuit courts of appeals and lastly at the USSC if it gets that far. The USSC does not have original jurisdiction on most constitutional issues. Moreover, most of the the cases presented to the USSC are not granted review.