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Judge Napolitano: Why Obama's executive action on guns is unconstitutional
Fox News.com ^ | January 5, 2016 | Judge Andrew P. Napolitano

Posted on 01/05/2016 9:06:00 PM PST by Kaslin

resident Obama announced Tuesday that he is issuing an executive order on guns and background checks. Here's a look at what the president is doing and if it is even legal under the Constitution of the United States.

Just what is an executive order? A presidential executive order is a written instruction to persons in the executive branch of the federal government informing them of the manner in which the president wants federal laws or regulations enforced. Executive orders do not direct private persons, or persons in the legislative or judicial branches of government. Executive orders remain in effect until abandoned or rescinded by the president who issued them or by a successor president.

President Obama has very little room to issue executive orders on guns because the congressional legislation is so extensive, detailed, and clear. The principal thrust of the president's orders addresses the requirement for background checks in occasional sales and the requirement that occasional sellers become federal licensees and the imposition of reporting upon physicians.

Congress has expressly removed occasional sales (sales not made by full-time dealers) from the obligation of obtaining federal licenses and from conducting background checks.

The president is without authority to negate the congressional will on this, and any attempt to do so will be invalidated by the courts. Mr. Obama will now require that anyone who sells a gun, that is even an "occasional" seller will be required to perform a background check. By defining what an "occasional seller" is, the president is essentially interpreting the law, a job reserved for the courts.

(Excerpt) Read more at foxnews.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Editorial
KEYWORDS: banglist; executiveorder; obama; secondamendment
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1 posted on 01/05/2016 9:06:00 PM PST by Kaslin
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To: Kaslin

It is all political posturing and setting up the next round of EOs.


2 posted on 01/05/2016 9:07:26 PM PST by TigerClaws
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To: Kaslin

Obama=Unconstitutional.


3 posted on 01/05/2016 9:09:43 PM PST by FreedomGuru (Vote out every republican that voted for the latest spending bill...)
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To: Kaslin

EOs are like Congressional contempt citations.
No one really takes them seriously.


4 posted on 01/05/2016 9:09:44 PM PST by tumblindice (America's founding fathers: all armed conservatives.)
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To: Kaslin

Well that gives you yet one more reason to charge him with treason. How many counts are you waiting for begore charging him? 11, 12, 15...?


5 posted on 01/05/2016 9:09:59 PM PST by jsanders2001
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To: Kaslin

Well that gives you yet one more reason to charge him with treason. How many counts are you waiting for before charging him? 11, 12, 15...?


6 posted on 01/05/2016 9:10:13 PM PST by jsanders2001
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To: Kaslin

“Stop me. I double-dog dare ya” - 0bongo


7 posted on 01/05/2016 9:10:29 PM PST by rockrr (Everything is different now...)
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To: Kaslin

Constitutional? That’s inoperable.
We’re in full Commietutional mode.


8 posted on 01/05/2016 9:15:30 PM PST by Sivad (Juan Corona would vote for Democrats)
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To: Kaslin

.
>> “Executive orders do not direct private persons, or persons in the legislative or judicial branches of government.” <<

This is the point I have been trying to make here for 18 years.

No corporation nor individual can be compelled to act, nor prevented from acting, under an executive order.
.


9 posted on 01/05/2016 9:20:49 PM PST by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: Kaslin
Executive orders remain in effect until abandoned or rescinded by the president who issued them or by a successor president.
10 posted on 01/05/2016 9:22:09 PM PST by Graybeard58 (Bill and Hillary Clinton are the penicillin-resistant syphilis of our political system.)
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To: Kaslin

But if we don’t follow his orders his tears will be wasted...


11 posted on 01/05/2016 9:39:19 PM PST by kik5150 (Cruz argued 9 times before Supreme Court judges. Trump argues with beauty pageant judges.)
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To: TigerClaws

bump for later


12 posted on 01/05/2016 10:07:45 PM PST by Bob434
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To: Kaslin

There needs to be a letter from a significant number of Sheriffs who will not only refuse to enforce these illegal EOs but will arrest anyone who attempts to do so.


13 posted on 01/05/2016 10:13:19 PM PST by Carry_Okie (Despotism to liberalism: from Tiberius to Torquemada, and back again.)
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To: Carry_Okie

Interesting, we never got to look at Obama’s medical history but now your own doctor has to reveal your mental history without your permission, you lost your HIPA rights.

Impeachment please.


14 posted on 01/05/2016 10:19:56 PM PST by Zenjitsuman (A)
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To: rockrr
“Stop me. I double-dog dare ya” - 0bongo

Playing with lightning, like Ben Franklin. Could be shocking.

15 posted on 01/05/2016 10:20:20 PM PST by lentulusgracchus ("If America was a house , the Left would root for the termites." - Greg Gutierrez)
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To: Carry_Okie
Clarence Thomas wrote the SCOTUS opinion invalidating the Clinton background-check mandate on local LE in a case out of Ravalli County, Idaho, in which the sheriff sued for injunctive relief and won.

Obama's EO would appear to be headed for a similar denouement. Go, Clarence!

16 posted on 01/05/2016 10:23:38 PM PST by lentulusgracchus ("If America was a house , the Left would root for the termites." - Greg Gutierrez)
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To: Kaslin

It’s Congress’ move then.


17 posted on 01/05/2016 10:45:42 PM PST by familyop ("Welcome to Costco. I love you." --Costco greeter in "Idiocracy," example of today's politico.)
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To: familyop

Maybe Congress should help Ubama out and make it cheap and easy to get an FFL. Everyone who buys a gun gets one. Instead of a nation of gun owners we’ll become a nation of gun dealers. :-)


18 posted on 01/05/2016 11:00:28 PM PST by TigersEye (This is the age of the death of reason and rule of law. Prepare!)
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To: TigersEye

That’s a good idea! :-)


19 posted on 01/05/2016 11:03:01 PM PST by familyop ("Welcome to Costco. I love you." --Costco greeter in "Idiocracy," example of today's politico.)
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To: familyop

“Hey, neighbor, wanna buy a gun? You get an FFL with it and next time you can buy direct! Sell to all your friends.”

Like a pyramid scheme. LOL

So what if the ATF can come in and inspect anytime? They’ll have 90 million gun dealers to get to. I think those gigantic ears siphon off most of the blood going up his carotid arteries.


20 posted on 01/05/2016 11:11:54 PM PST by TigersEye (This is the age of the death of reason and rule of law. Prepare!)
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