President Bush Executive Order

The president's action can be characterized as administrative law. It is an order given by the president in reaction to the attacks on 9/11. As such, it falls under the division "executive order," which is part of administrative law. The president gives his order under his inherent authority to regulate, as provided by Article II of the Constitution (Hall, 1994, p. 4 of fax), which is the source of his authority.

This is substantiated by the words of the president himself; that the order is a furtherance of his proclamation on Sept. 14, 2001 (President Bush, 2001).

In terms of the claim by the Islamic Army of Aden, I would say that their argument is incorrect in terms of the Constitution of the United States, and its inherent meanings for the presidency and citizens of the country. Firstly, the claim assumes a complete democracy. Hence, to prohibit certain persons from obtaining property would appear unconstitutional.

However, while the United States system of government is inherently democratic, there are also certain considerations that the Constitution provides. These may not appear democratic, but they are indeed constitutional, because they are authorized by the Constitution. The Supremacy Clause of Article VI in the Constitution for example provides the federal government with all-encompassing powers of regulation. This includes immigration (Hall, 1994, p. 11 of fax). Furthermore, commerce and business within the United States can also be regulated by the Federal law under the Commerce clause of Article 1, section 8, clause 3, under which commerce with foreign nations, for example, can be regulated.

An argument like the one by the Islamic Army may therefore be characterized as somewhat narrow, lacking insight into the true character of the Constitution. The American Constitution does not guarantee human rights and equality to everybody that comes its way. It is also obliged to protect as best it can the citizens of the United States. Such protection means that the rights of those who mean to harm citizens need to be prohibited within the country.

Sources

Hall, Daniel E. (1994). Administrative Law: Bureaucracy in a Democracy. New Jersey: Pearson / Prentice Hall

President Bush, George W. (2001, Sept. 24). "Executive Order on Terrorist Financing: Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism." Office of the Press Secretary. http://www.whitehouse.gov/news/releases/2001/09/20010924-1.html