The Down Range Forum
Member Section => Politics & RKBA => Topic started by: PegLeg45 on January 14, 2013, 11:01:43 PM
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>:(
Biden: W.H. readies 19 executive actions on guns
http://www.politico.com/story/2013/01/biden-guns-executive-actions-86187.html?hp=t1_3
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I'll plead ignorance because I'm not up on exactly how far a President can go with Executive Orders or "Actions". I can understand things like putting the ATF under the FBI. But can he ban Hi-Cap magazines by Executive Order alone? That requires both Senate and Congressional approval, does it not?
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http://www.downrange.tv/forum/index.php?topic=21556.0
http://www.examiner.com/article/obama-would-be-limited-executive-order-on-gun-control?CID=obinsite
Still, there are limits on executive orders that would keep President Obama from taking many steps on gun control, and these limits would certainly prevent the kind of dictatorship the Drudge Report implicitly warns about on their website.
For instance, in 1952 President Truman issued an executive order which directed seizure of steel mills as part of the Korean War effort. The Supreme Court rejected the executive order in the Youngstown Sheet & Tube Co. v. Sawyer case, and Truman was forced to retreat. In the majority opinion Justice Black wrote that executive orders, "must stem either from an act of Congress or from the Constitution itself." The concurring opinion of Justice Jackson was more lenient, but as a whole the Court agreed that a president's executive orders may not go beyond the Constitution, and that orders may not directly contradict an act of Congress.
As noted by the Congressional Research Service, the Youngstown decision still applies in the modern era, and was used to declare an executive order from President Clinton unconstitutional in 1996.
In addition, executive orders can be, and historically have been, repealed by acts of Congress or a subsequent executive order from another president. If Congress was really upset about an executive order on gun control they could revoke the measure through law or get the White House to reverse course by threatening the funding of whatever department may implement the order. If the American public was upset about an executive order from Obama they could simply elect a pro-gun president in 2016 who could repeal the order the first day he comes into office.
The president's powers of executive order have historically expanded in times of war. President Lincoln issued a "proclamation" to suspend habeas corpus. During WWII President Roosevelt used an executive order to establish internment camps for Japanese Americans. But these situations were almost universally regarded as national emergencies. The Supreme Court even approved of Roosevelt's interment camps even though that decision is viewed critically by historians and many legal scholars. As bad as the Sandy Hook massacre was, it and other tragedies do not amount to the kind of national emergency seen in the Civil War and WWII.
What President Obama could do through executive order is step up the enforcement of gun control laws which are already on the books. In addition, President Obama could implement new measures which are not expressly denied by either the Constitution or a law of Congress. However, just as Truman could not seize the steel mills in 1952, Obama could not simply seize people's guns through executive order. In addition, Obama's executive orders could not conflict with any gun friendly legislation passed by the Congress over the last 10 years.
>>>>>>>>>>>>>>>>>>>>MORE AT LINK<<<<<<<<<<<<<<<<<<<<<<<<<<
http://www.newsmax.com/Headline/meese-obama-guns-impeachable/2013/01/14/id/471412?s=al&promo_code=11F25-1
Former U.S. Attorney General Edwin Meese III declared in an exclusive Newsmax TV interview that President Barack Obama could easily be impeached if he bypassed Congress and enacted gun-control legislation by executive order.
Meese's comments came on the same day President Obama told the White House press corp at the last news conference of his first term that he was reviewing actions, including issuing executive orders, where he could take action without congressional approval to confront gun violence in the nation. Obama said he would present a plan within days.
The options include stronger background checks, a meaningful ban on assault weapons, and limits on high-capacity ammunition magazines, Obama said, conceding that was unsure how such steps could pass Congress.
“I’m confident there are some steps we can take that don’t require legislation and that are within my authority as president,” Obama said.
“It would not be legal. It would not be constitutional,” Meese, who served under President Ronald Reagan, tells Newsmax. “And, indeed, if he tried to override the Second Amendment in any way, I believe it would be an impeachable offense.”
>>>>>>>>>>>>>>>MORE AT LINK<<<<<<<<<<<<<<<<<<<
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I think one of the biggest problems here is how long it would take for his over reaching E.O.'s to be walked through the Judicial System at the snails pace at which it runs. In the meantime it could or would be treated as the law of the land until ruled on otherwise. Even if something like this were "fast tracked" through the system, it is no guarantee they would reject it. Look at Obama Care. I would have bet you $1K at the time, that it would have been rejected, along with his reelection. I would have been wrong on both counts. This country is being over run with communists. And because of it we are going to see things happen we never thought possible. At both the Judicial and Executive branches of this ever corroding government.
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If the American public was upset about an executive order from Obama they could simply elect a pro-gun president in 2016 who could repeal the order the first day he comes into office.
So we just have to deal without our 2nd Amendment Rights for 4 years?!?!
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Obama could not simply seize people's guns through executive order.
“I’m confident there are some steps we can take that don’t require legislation and that are within my authority as president,” Obama said.
BHO has defecated all over the Constitution over the last 4 years and not a single person in the MSM or Congress has called him on it so why wouldn't he feel like he is king? ::)
When I first heard this last night I was depressed, now I'm just livid....
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I was livid on Nov 7th .
Now I'm just depressed, resigned, and determined .
I am making no long term plans beyond a resolve not to bow to tyranny.
Another Stalin quote the real Americans should take to heart .
Not one step back !
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For instance, in 1952 President Truman issued an executive order which directed seizure of steel mills as part of the Korean War effort. The Supreme Court rejected the executive order in the Youngstown Sheet & Tube Co. v. Sawyer case, and Truman was forced to retreat. In the majority opinion Justice Black wrote that executive orders, "must stem either from an act of Congress or from the Constitution itself." The concurring opinion of Justice Jackson was more lenient, but as a whole the Court agreed that a president's executive orders may not go beyond the Constitution, and that orders may not directly contradict an act of Congress.
As noted by the Congressional Research Service, the Youngstown decision still applies in the modern era, and was used to declare an executive order from President Clinton unconstitutional in 1996.
I think one of the biggest problems here is how long it would take for his over reaching E.O.'s to be walked through the Judicial System at the snails pace at which it runs. In the meantime it could or would be treated as the law of the land until ruled on otherwise. Even if something like this were "fast tracked" through the system, it is no guarantee they would reject it. Look at Obama Care. I would have bet you $1K at the time, that it would have been rejected, along with his reelection. I would have been wrong on both counts. This country is being over run with communists. And because of it we are going to see things happen we never thought possible. At both the Judicial and Executive branches of this ever corroding government.
Here is where the conservative/liberal balance of the court comes into play......and how long it takes for it to change in BHO's favor.... the Obamacare ruling not withstanding.
Get your foil hats out........ ;D
http://www.downrange.tv/forum/index.php?topic=21304.0
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You guys might want to stop discussing your mental health issues least you become a prohibited person. :)
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You guys might want to stop discussing your mental health issues least you become a prohibited person.
Unless you're a fool or a coward you're no more concerned about that than is a Chicago gang banger .
I may fall backwards, I'll never step back.
I'm done watching my country destroyed by communists and the dumb asses who support them.
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Unless you a fool or a coward you're no more concerned about that than is a Chicago gang banger .
I may fall backwards, I'll never step back.
I'm done watching my country destroyed by communists and the dumb asses who support them.
Tom, fixed it I put a smile on it.
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More impeachment talk. The thing is, even if it were legally possible it would never get passed through the Senate. Or else is it strictly up to the House???
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http://www.foxnews.com/politics/2013/01/15/ore-sheriff-says-wont-enforce-new-gun-laws/
Another LEO who is speaking out on our side. From liberal Oregon no less. Let's hope this gets to be en epidemic. Nothing right now is more meaningful than government against government.
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More impeachment talk. The thing is, even if it were legally possible it would never get passed through the Senate. Or else is it strictly up to the House???
If the House votes for impeachment, that's the indictment of a crime.
There still has to be a trial, which is where the US Senate comes in...and no, it wouldn't go anywhere IMHO with the current group of Dems liars and thieves holding a majority.
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If the House votes for impeachment, that's the indictment of a crime.
There still has to be a trial, which is where the US Senate comes in...and no, it wouldn't go anywhere IMHO with the current group of Dems liars and thieves holding a majority.
Isn't that the same thing that happened under Clinton with the whole Ken Starr deal? Another bunch of nothing.
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Isn't that the same thing that happened under Clinton with the whole Ken Starr deal? Another bunch of nothing.
Yes .
Tom, fixed it I put a smile on it.
Ain't nothing to smile about .
If you do not take a stand now you don't deserve any rights.
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http://www.foxnews.com/politics/2013/01/16/list-executive-actions-obama-plans-to-take-as-part-anti-gun-violence-plan/
Here is Hussein's "list of 23 Executive Orders". A bunch of nothing. A list of "Memorandums" and "Incentives". He'll leave everything to Congress, where hopefully everything will FAIL TO PASS.
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What a bozo...he just told everyone to crush the dissent to gun control. Go out and force your legislators to "do the right thing". Find NRA members and "convince" them to give up their rights.
The right thing would be investing in mental health, fighting gang and drug culture, and re-introducing civil discourse in our society. Instead, the blood of every shooting victim will now be placed on my head and your's.
"Oh we can't really do anything because the evil NRA won't let us". Bastard.
If they were actually proposing something that included "common sense" they'd get some support.
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Who was it that said ‘probe gently with the bayonet , if you feel steel draw back if you feel flesh ram it home?’
Perhaps he’s the one feeling steel and we’re feeling flesh? Is it not then time for us to ram …
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wtr, there are only two kinds of bayonet fighters: the quick and the dead. I assume probers are among the latter.
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wtr, there are only two kinds of bayonet fighters: the quick and the dead. I assume probers are among the latter.
don't make me set my avatar dawg one ewe bouy!
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Who was it that said ‘probe gently with the bayonet , if you feel steel draw back if you feel flesh ram it home?’
Perhaps he’s the one feeling steel and we’re feeling flesh? Is it not then time for us to ram …
Lenin and Mao both used variations of that quote .
It goes back to Sun Tzu's advice to avoid your enemies strength and to strike where he is weak .
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It goes back to Sun Tzu's advice to avoid your enemies strength and to strike where he is weak.
I would have loved to have seen one of those little rug rats kick him square in the balls on national television!
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http://www.foxnews.com/politics/2013/01/16/list-executive-actions-obama-plans-to-take-as-part-anti-gun-violence-plan/
Here is Hussein's "list of 23 Executive Orders". A bunch of nothing. A list of "Memorandums" and "Incentives". He'll leave everything to Congress, where hopefully everything will FAIL TO PASS.
I agree completely. Dog and Pony show for the masses.