Have you read the order on the extreme vetting EO? It didn't even mention the word Muslim and followed the same format as similar bans issued by Obama in 2011 and Carter after the Iran hostage crisis. The constitution gives the president wide powers to exclude "any aliens or class of aliens". The judges blocked the order because they didn't like Trump, they didn't even bother to hide it. Activist judiciary pure and simple. The best Judge Watson in Hawaii could come up with is to say than he thought Trump was thinking something different to what was written in the EO. In any case all academic now because an appeal to SCOTUS now should crush the activist judges.