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Dead Constitution
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Title: Biden: Obama Considering 'Executive Order' to Deal With Guns
Source: Weekly Standard
URL Source: http://www.weeklystandard.com/blogs ... ve-order-deal-guns_694984.html
Published: Jan 9, 2013
Author: Daniel Halper
Post Date: 2013-01-09 13:13:21 by noone222
Keywords: None
Views: 840
Comments: 48

Vice President Joe Biden revealed that President Barack Obama might use an executive order to deal with guns.

"The president is going to act," said Biden, giving some comments to the press before a meeting with victims of gun violence. "There are executives orders, there's executive action that can be taken. We haven't decided what that is yet. But we're compiling it all with the help of the attorney general and the rest of the cabinet members as well as legislative action that we believe is required."

Biden said that this is a moral issue and that "it's critically important that we act."

Biden talked also about taking responsible action. "As the president said, if you're actions result in only saving one life, they're worth taking. But I'm convinced we can affect the well-being of millions of Americans and take thousands of people out of harm's way if we act responsibly."

Biden, as he himself noted, helped write the Brady bill.

Eric Holder was scheduled to be at the meeting that's currently taking place at the White House.

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Begin Trace Mode for Comment # 38.

#2. To: noone222 (#0)

Vice President Joe Biden revealed that President Barack Obama might use an executive order to deal with guns.

If Obama tries to use an Executive Order to undermine the 2nd Amendment, imho he is setting himself up for a big fail at the SCOTUS level, if not at the Congressional level where a super majority vote is required to veto an Executive Order.

His attempt to use an EO to subvert the 2nd amendment might in fact harm the Dem Party in elections for years to come. The Dem Party is not just supported by special interest ( far left extremist) groups - there are also millions of moderate (non-special interest aligned) Dem voters ( who own guns) who would be PO'd, me thinks.

scrapper2  posted on  2013-01-09   13:42:15 ET  Reply   Untrace   Trace   Private Reply  


#12. To: scrapper2 (#2)

at the Congressional level where a super majority vote is required to veto an Executive Order.

What? The Constitution doesn't say that.

GreyLmist  posted on  2013-01-10   7:09:39 ET  Reply   Untrace   Trace   Private Reply  


#22. To: GreyLmist (#12)

What? The Constitution doesn't say that.

www.thisnation.com/question/040.html

snip

Executive Orders are controversial because they allow the President to make major decisions, even law, without the consent of Congress. This, of course, runs against the general logic of the Constitution -- that no one should have power to act unilaterally. Nevertheless, Congress often gives the President considerable leeway in implementing and administering federal law and programs. Sometimes, Congress cannot agree exactly how to implement a law or program. In effect, this leaves the decision to the federal agencies involved and the President that stands at their head. When Congress fails to spell out in detail how a law is to be executed, it leaves the door open for the President to provide those details in the form of Executive Orders. Congressional Recourse

If Congress does not like what the executive branch is doing, it has two main options. First, it may rewrite or amend a previous law, or spell it out in greater detail how the Executive Branch must act. Of course, the President has the right to veto the bill if he disagrees with it, so, in practice, a 2/3 majority is often required to override an Executive Order.

scrapper2  posted on  2013-01-11   3:10:05 ET  Reply   Untrace   Trace   Private Reply  


#23. To: scrapper2 (#22) (Edited)

http://www.thisnation.com/about.html

ThisNation.com is researched and written by Jonathan Mott, Ph.D. [sic] has taught [sic] at Brigham Young University.

Besides being associated with the staff of Brigham Young University, an org which I tend to distrust for various reasons, his goal seems to be to condition Americans to accept Unconstitutional governance. So, I'll not be considering him a credible source. No 2/3 majority is required to override an Executive Order, a phrase that is not even listed in the Constitution. The Executive Branch is not empowered to legislate anything by Executive Order. What those amount to are inter-office memos/directives. Most of them are directives in violation of the Constitution and so are unlawful "orders", as well as wrongful power-grab attempts.

Edited for spelling.

GreyLmist  posted on  2013-01-11   4:35:58 ET  Reply   Untrace   Trace   Private Reply  


#38. To: GreyLmist (#23)

Besides being associated with the staff of Brigham Young University, an org which I tend to distrust for various reasons, his goal seems to be to condition Americans to accept Unconstitutional governance. So, I'll not be considering him a credible source.

Ok.

Fyi, no offense, but I don't consider you to be a "credible source" of information. Please provide me with research that shows that Congress cannot use a super majority vote to put an end to an EO in the first 30 days after an EO is issued.

Here's another article written by an attorney (a former prosecutor) that references super majority vote by Congress and EO's. But maybe you will "distrust" this guy, too.

www.bizpacreview.com/2012...-solely-in-congress-11906

snip

Since President Herbert Hoover, more than 8,700 executive orders have been signed, and although they sometimes serve the legitimate purpose of facilitating laws passed by Congress, many presidents have abused their function to create laws that Congress has voted against – giving rise to an almost omnipotent administrative state controlled by the White House...

The legislative branch has remedies to challenge executive orders – nullify, repeal, revoke, terminate or defund – but each remedy can be vetoed by the president, leaving Congress powerless unless it can overturn the veto with a two-thirds vote; a rare occurrence...

scrapper2  posted on  2013-01-11   15:20:32 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 38.

#39. To: scrapper2 (#38) (Edited)

Fyi, no offense, but I don't consider you to be a "credible source" of information.

I'm not the source. The Constitution is the source.

Please provide me with research that shows that Congress cannot use a super majority vote to put an end to an EO in the first 30 days after an EO is issued.

Don't confuse invented "conventions" with Constitutional procedures. There's nothing in the Constitution that says they have to override Executive Orders with a super majority vote so why would they even want to go that route? It's not necessary. If you post a million sources in agreement with your bizpacreview.com site claiming that Presidents can create laws by EOs, they'll still all be wrong. The Legislative branch most certainly is not powerless to strike down such wrongful, unlawful orders and neither is the Supreme Court. No law or 2/3 majority is required from Congress to counteract a power that isn't even enumerated to the Executive Branch. The Legislative branch absolutely does have an unvetoable remedy for Unconstitutional Executive branch overreach by EOs and it's called Impeachment. You should distrust any source telling you differently as no real ally of the Constitution.

Edited for spelling.

GreyLmist  posted on  2013-01-12 06:16:35 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 38.

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