[baddox]

I don't think this is quite the originality vs. pragmatism debate. Determining the legality of an executive order is a bit different than determining the modern interpretation of a law.

In the case of this immigration restriction, the debate isn't how the EO ought to be enforced, but rather whether it is legal (specifically whether it infringes on constitutional rights without having a sufficient national security justification). The intent of the EO is important, since it would be trivial to make a silly EO that technically doesn't infringe when taken literally. As an extreme example, the EO could ban anyone who had entered a Muslim place of worship in the last year. Surely some Muslims haven't done that, and surely some non-Muslims have done that. But it would be very clear that the intention of this EO would be to discriminate against Muslims, and it would be ludicrous to claim otherwise.