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Since the Constitution gives the prime responsibility for national security to the President, and since specific law gives the president the power to exclude classes of people from the country, it is a defect of the system that a lower level federal judge can overrule the President on a national security matter.

If decisions like this are to be litigated, there should be a special court constituted for that purpose. Under a ruling like this, the US would not have had the power to exclude the 9–11 hijackers if they’d aroused suspicion.

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