On May 25, 2017, the NYTimes writes:

The federal appeals court in Richmond, Va., on Thursday refused to reinstate President Trump's revised travel ban, saying it discriminated on the basis of religion.

My layman understanding is that the court claims the Executive Order 13780 violates the First Amendment. But the target scope of the Executive Order, by design, is not the people already physically in the US. So what is the target scope of the US Constitution? For example, the First Amendment says

Amendment I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Whose freedom of religion, speech, press, and right to assembly is this referring to?

p.s. There are other issues that are unclear to me: (i) the First Amendment refers to "Congress shall make no law ..." and this is an Executive Order and (ii) how restricting migration or travel to the US affects the "establishment of religion" or the "free exercise" of religion of people in their original countries. I would appreciate if an answer could incorporate these elements but the only question of this post is the one stated and clarified in the main text above.

  • @indigochild I edited the text and the button to mark duplicate disappears. Can you please make it appear again? I will mark this question as such once I have a chance to read your link and that from Alexander.
    – yurnero
    May 25 '17 at 19:21
  • @yurnero - I don't understand your problem, but I am just a normal user like you. May 25 '17 at 19:24
  • @indigochild Earlier, once you and Alexander posted those links, there was an orange button which I could click to signify that the linked questions and answers would answer my question. But I noticed a typo in my post, so I fixed the typo and now that orange button is not there anymore. Anyway, it's probably not important.
    – yurnero
    May 25 '17 at 19:26
  • 2
    The scope is the US government. Sometimes it refers to citizens but generally the intent is not to grant rights to certain classes but to bind the government from restricting those rights. So "Congress shall make no law" means "Congress shall make no law", it doesn't matter who Congress wants to impose the law upon, they are Constitutionally unable to do it.
    – J Doe
    May 25 '17 at 19:56
  • @JDoe If you turn the comment into an answer and cite source(s), I will gladly accept. Thanks.
    – yurnero
    May 25 '17 at 20:23

Browse other questions tagged .