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Are Executive Orders Absolute in Practice?
Vanity | 1/9/13

Posted on 01/09/2013 12:07:11 PM PST by pabianice

Both Rush and Hannity are saying they expect Obama to invoke new anti-civil rights gun laws through executive order, knowing that Congressional passage is almost impossible. So, can he get away with it? Can Congress stop him? Short answers, yes and no. Congress can overturn an executive order but that overturning then has to go back to Obama for his signature. Fat chance. In 1983, SCOTUS ruled that overturning an executive order can be done only by a super-majority of Congress.

Expect the worst in the coming weeks.


TOPICS: Chit/Chat; Society
KEYWORDS: vanity
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p.s. How disappointing that many retired military leaders and heroes who trained with guns their whole career now suddenly support Obama in his quest to ban them for the rest of us.
1 posted on 01/09/2013 12:07:17 PM PST by pabianice
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To: pabianice

The best shot is to have it overturned in courts as unconstitutional.


2 posted on 01/09/2013 12:09:13 PM PST by GOP_Party_Animal
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To: pabianice

Thus it is written Thus it is done

Pharoh Obama I


3 posted on 01/09/2013 12:10:04 PM PST by Tennessee Nana
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To: pabianice
An executive order does not supersede the constitution.

The president only has the authority granted to him by the constitution and the bill of rights specifically forbids him from infringing on our right to keep and bear arms.

4 posted on 01/09/2013 12:13:10 PM PST by oldbrowser (They are marxists, don't call them democrats)
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To: pabianice

There is a 120 day review after it has been submitted.


5 posted on 01/09/2013 12:13:35 PM PST by Jack Hydrazine (It's the end of the world as we know it and I feel fine!)
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To: pabianice

Executive Orders are unconstitutional. Always have been. Only the legislative branch of government has the authority, under the Constitution, to establish laws.

We’ve let this go un-checked since FDR’s days. Needs to stop—NOW!


6 posted on 01/09/2013 12:14:10 PM PST by WKUHilltopper (And yet...we continue to tolerate this crap...)
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To: GOP_Party_Animal

Wouldn’t a denial of funding for enforcement of an EO accomplish the same goals, and be something that the House of Representatives can unilaterally include in a spending bill by itself?


7 posted on 01/09/2013 12:14:24 PM PST by research99
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To: pabianice

Executive Orders only apply to the running of the Executive branch of government. They may not be used to circumvent constitutional protections or the authority of the Legislative branch...but somebody may have to get their heads slapped around first, just to get their attention on this.


8 posted on 01/09/2013 12:14:43 PM PST by PowderMonkey (WILL WORK FOR AMMO)
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To: pabianice

Impeachment??


9 posted on 01/09/2013 12:17:07 PM PST by Sybeck1
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To: pabianice

T p*****s in congress can SHUT HIM DOWN BY CUTTING OF THE FUNDING!!!

Will they? Probably not!!!!!


10 posted on 01/09/2013 12:17:12 PM PST by Dick Bachert (An ARMED society is a POLITE society!)
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To: GOP_Party_Animal

If anything is to be done, it will have to be done by us. No court will save us.


11 posted on 01/09/2013 12:17:56 PM PST by Jacquerie ("How few were left who had seen the republic!" - Tacitus, The Annals)
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To: PowderMonkey
All fine answers. And all useless. Who here really believes the arthropods in the House will stand-up to Obama on any executive order?
12 posted on 01/09/2013 12:18:47 PM PST by pabianice (washington, dc ..)
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To: pabianice
EO’s that are unConstitutional will be beaten back in Court and the ILA of the NRA is ready to let the suits fly. SHALL NOT BE INFRINGED is not negotiable... even to a black kenyan marxist.

LLS

13 posted on 01/09/2013 12:18:47 PM PST by LibLieSlayer (FROM MY COLD, DEAD HANDS!)
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To: pabianice

I’ve personally pared back my weekly range outings to conserve what ammo I do have. I suggest everyone finalize preparations in the next few weeks. It may be too late very soon.


14 posted on 01/09/2013 12:20:11 PM PST by rarestia (It's time to water the Tree of Liberty.)
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To: Sybeck1

Without a doubt.

LLS


15 posted on 01/09/2013 12:20:45 PM PST by LibLieSlayer (FROM MY COLD, DEAD HANDS!)
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To: LibLieSlayer
>>SHALL NOT BE INFRINGED is not negotiable... even to a black kenyan marxist.

Please explain the court decisions since 1799 limiting the 2nd Amendment.

16 posted on 01/09/2013 12:20:56 PM PST by pabianice (washington, dc ..)
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To: WKUHilltopper

Executive Orders are unconstitutional. Always have been. Only the legislative branch of government has the authority, under the Constitution, to establish laws.

We’ve let this go un-checked since FDR’s days. Needs to stop—NOW!

Why then have we/cong/sen allowed it in the past. Where does the constitution say that? I want to know so I can allert my representatives or at least one beanhead, Mary Landrieu the rest are on our side.


17 posted on 01/09/2013 12:21:04 PM PST by Bitsy
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To: pabianice

I’ll bet the NRA has a lawsuit ready to file within 24 hrs of O trying such a thing, and they won’t be alone in challenging this all the way to SCOTUS. They would welcome the opportunity to get a definitve ruling. Obama will not welcome such a ruling; he will surely lose. Biden’s suggestion is a trial balloon.


18 posted on 01/09/2013 12:23:15 PM PST by Wiser now (Socialism does not eliminate poverty, it guarantees it.)
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To: rarestia

Same here. Saving ammo. No more frivolous shooting.


19 posted on 01/09/2013 12:24:38 PM PST by BipolarBob (Happy Hunger Games! May the odds be ever in your favor.)
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To: pabianice

If allowed to go unchallenged, then you’ll know CWII has effectively commenced, by act of coup d’etat on the part of the administration in concert with a very willing GOPe.


20 posted on 01/09/2013 12:26:44 PM PST by PowderMonkey (WILL WORK FOR AMMO)
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