Travel to Cuba & Executive Power

[Robert Destro]

     I've now had a chance to read the exchanges between Chip and Michael,
     and would like to pose some questions for the list members:

     1) how, if at all, does the First Amendment apply to the President's
     power to conduct foreign affairs? (i.e. Is this a political question
     left to the President under Article II?).

     2) assuming that it *does* apply (and there is some case law to that
     effect), wouldn't the search for "secular purpose" require an inquiry
     into whatever prospective "purposes" the Executive might have to build
     on the exemption?

     3) is the decision on the 2d "prong" of Lemon ("advance or inhibit")
     to be judged on a case-by-case basis, or in a broader sense?

     4) assuming that the action *is* challenged in court, and that the
     parties have standing to assert a violation, and that the plaintiffs
     are successful, what's the remedy?  An injunction directed to the
     President (or the State Department)?  Mandating or forbidding what?

     Bob Destro
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     Robert A. Destro                            Destro at law.cua.edu
     Columbus School of Law                      202-319-5202 phone
     The Catholic University of America          202-319-4498 fax
     Washington, D.C. 20064                      http://www.law.cua.edu
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