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 Executive orders remain in effect until abandoned or rescinded by the president who issued them or by a successor president.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 ...
It is all political posturing and setting up the next round of EOs.
Obama=Unconstitutional.
EOs are like Congressional contempt citations.
No one really takes them seriously.
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...?
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...?
“Stop me. I double-dog dare ya” - 0bongo
Constitutional? That’s inoperable.
We’re in full Commietutional mode.
.
>> “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.
.
But if we don’t follow his orders his tears will be wasted...
bump for later
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.
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.
Playing with lightning, like Ben Franklin. Could be shocking.
Obama's EO would appear to be headed for a similar denouement. Go, Clarence!
It’s Congress’ move then.
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. :-)
That’s a good idea! :-)
“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.
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