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Can someone explain why the previous "ban" was blocked but this wasnt? As I recall TikTok filed for an injunction and they argued it was unconstitutional (violated the 5th ammendment) and the injunction was granted. Then Biden rescinded the executive order and it ended there.

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As I understand it, the unconstitutionality of the initial executive order was based on the balance of power in the US government. Doing this kind of thing by executive order is not allowed. Doing this kind of thing by passing a law through Congress is allowed. The Constitution gives a lot of power to the legislature, especially given the interpretations of the Commerce Clause over the history of the US.

That would make sense if the initial reasoning wasn't that it violated the constitution. Neither executive orders nor laws can violate the constitution.

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