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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
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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To: pabianice; All
I thought from the beginning he would do it by executive order. Back some months ago, remember he said when the congress doesn't act on what he wants, he will do it by executive order. If you remember, he made millions of illegal aliens, legal, by executive order several months ago.

He sees himself as Idi Amin did when he anointed himself - “His Excellency President for Life, Field Marshal Al Hadji Doctor Idi Amin, VC, DSO, MC, Lord of All the Beasts of the Earth and Fishes of the Sea, and Conqueror of the British Empire in Africa in General and Uganda in Particular.”

Just stick Hussein in the above title and insert “Conqueror of the USA” where Amin says “British Empire in Africa in General and Uganda in Particular.”

21 posted on 01/09/2013 12:27:57 PM PST by Marcella (Prepping can save your life today. Going Galt is freedom.)
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To: Sybeck1

With a dem Senate?


22 posted on 01/09/2013 12:28:37 PM PST by X-spurt (Republic of Texas, Come and Take It!)
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To: PowderMonkey

Yes exactly.

So the kind of EO I see arising from this would ban all Executive Departments, agencies etc from doing business with any company manufacturing or selling the banned classes of weapons to the public.

Further, this ban could be cascaded down to state and local governments through the witholding of grants and the like.

The goal will be achieved by Using EOs targeting the manufacurers and sellers though trying to dry up a substantial portion of their business through removing governmental customers.


23 posted on 01/09/2013 12:31:21 PM PST by tanknetter
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To: pabianice

If people would set their minds that these people are frauds; we might get something done. Instead, they are giving in it sounds like.


24 posted on 01/09/2013 12:31:32 PM PST by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: pabianice
Executive orders only apply to the administration of the executive branch of government.

They aren't laws. They are bureaucratic rules for bureaucrats.

They were never intended to apply to the citizenry.

But now that the average citizen has the IQ of a walnut, anything goes.

25 posted on 01/09/2013 12:32:35 PM PST by E. Pluribus Unum (TYRANNY: When the people fear the politicians. LIBERTY: When the politicians fear the people.)
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To: Wiser now

trial ballon was what klintoon liked to do. Nobama and his boy make statements solely to stir shite, knowing they would never get away with it. Its sort of like africanized POTUS rap.


26 posted on 01/09/2013 12:33:08 PM PST by X-spurt (Republic of Texas, Come and Take It!)
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To: PowderMonkey

Sign me up.


27 posted on 01/09/2013 12:33:34 PM PST by Uncle Miltie (The shooter in CT was a Satanist. Curtail Satanists' First Amendment Rights for the Children!)
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To: Jacquerie
If anything is to be done, it will have to be done by us. No court will save us.

Exactly.

28 posted on 01/09/2013 12:35:08 PM PST by itsahoot (Any enemy, that is allowed to have a King's X line, is undefeatable. (USS Taluga AO-62))
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To: pabianice
First of all I did not say that certain regulations are not Constitutional... there are limits on Free Speech... Look up INFRINGEMENT... THAT is illegal. Secondly you should be more concerned with Heller vs DC. Want my guns... come and get them... bring body bags.

LLS

29 posted on 01/09/2013 12:41:51 PM PST by LibLieSlayer (FROM MY COLD, DEAD HANDS!)
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To: pabianice

Then there is this... REAL intel from the front lines:

http://www.xdtalk.com/forums/ar-talk/221809-any-word-hill-new-bill.html

Member #: 30664
Join Date: Nov 2008
Location: Arlington, VA
Posts: 1,677 First, welcome to the forum.

Second, let me say what I’ve been saying to many people who are going all “chicken little” about an AWB—CHILL OUT!

I work in DC for a lobby firm and before that I spent 2 years working as a staffer on Capitol Hill for now retired Senator Jon Kyl (R-AZ) and still have many contacts on the Hill. I’m also very close friends with several NRA-ILA lobbyists, including the head of their federal affairs division, who is a friend of mine so I have first hand knowledge of what I speak.

While we should all be politically active and aware, the realistic odds of a new ban passing this Congress is unlikely IMPO. Obama couldn’t get one passed in ‘09 when the Dems controlled both houses of congress with super-majorities. I can’t conceive of a scenario where the GOP House majority —especially the Tea Party elements of it— would go along and pass this nonsense. My contacts are all telling me that there is ZERO appetite in the House to take up any AWB.

Remember, just because a bill is introduced doesn’t mean it goes anywhere. There are anywhere between 8-10K bills that get introduced every Congress (which is 2 yrs long) and the vast majority of them die in the bowls of a committee somewhere and that is where I predict the AWB bills will end up. Even in the Senate, there are enough GOP senators still there to filibuster and block any bill that gets brought up there.

So again, we should all be active, writing our reps and paying attention, but let’s not get overcome by fear, remain rational and grounded in reality.
__________________


30 posted on 01/09/2013 12:45:59 PM PST by LibLieSlayer (FROM MY COLD, DEAD HANDS!)
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To: E. Pluribus Unum
“Executive orders only apply to the administration of the executive branch of government.”

Yes, so he spells out the rules in his executive order that orders whichever agency to register guns, prevent them from being sold, prevent magazines from being sold, prevent ammo from being sold, etc... all for the safety of the people.

That's how he legalized millions of illegals, ordering ICE not to deport anyone who.....

See, he runs the agencies so he orders them to do “x” and it's done.

31 posted on 01/09/2013 12:59:46 PM PST by Marcella (Prepping can save your life today. Going Galt is freedom.)
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To: GOP_Party_Animal

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

Yes and state nullification.


32 posted on 01/09/2013 1:01:22 PM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: Georgia Girl 2
and state nullification

How exactly would that work? Thanks!

33 posted on 01/09/2013 1:07:59 PM PST by DCBryan1 (Look for the UNION label.....then buy something else!)
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To: pabianice

The next President can nullify the order with a stroke of the pen.


34 posted on 01/09/2013 1:13:18 PM PST by ez (When you're a hammer, everything looks like a nail.)
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To: Bitsy

Article I, Section. 8
(Congress)
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Article II, Section 1 regarding the president—no where does it say this office can create laws. This office is only to “administer the law” or to approve it or veto it. Congress creates the laws, not the president. And in many cases, Executive Orders establishes “laws” and directives of law.

Having any president issue Executive Orders, create laws, violates the intent of the Constitution’s “balance of power” given the executive, legislative and judicial branches separation of powers.


35 posted on 01/09/2013 1:15:20 PM PST by WKUHilltopper (And yet...we continue to tolerate this crap...)
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To: WKUHilltopper

Executive Orders, as I understand it, are part of the Emergency Powers given to the President by Congress. They gave the Pres the powers to “write law” in an emergency and also gave him the power to declare the emergency. Neat trick, huh. The US has simply been kept in an State of Emergency by every President since FDR I believe.
Read an EO. It always starts, “By the powers granted to me by the Emergency Powers Act, or something like that.


36 posted on 01/09/2013 1:21:44 PM PST by ez (When you're a hammer, everything looks like a nail.)
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To: Jacquerie
it will have to be done by us

BO can sign any piece of paper he chooses.

But let him try to ENFORCE his order...

37 posted on 01/09/2013 1:24:45 PM PST by jonno (Having an opinion is not the same as having the answer...)
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To: GOP_Party_Animal
It will already be to late for this country if that law ever reaches the US Supreme court.

If an executive order has that kinda of power which it dont, Then by Executive Order Obamma abolishes the Constitution along with the Supreme court and Congress.

There by appointing him self grand po ba for life.

38 posted on 01/09/2013 1:26:25 PM PST by Bailee
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To: LibLieSlayer

SHALL NOT BE INFRINGED is not negotiable... even to a black kenyan marxist.

Amen. Agree their can be none of this BS we can fix it in 2 year or even 4 years.


39 posted on 01/09/2013 1:38:07 PM PST by Bailee
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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.

_________________________________________________
Folks stop and think about this. An Executive Order is an order to Executive Branch employees. It does not create general laws which the public must follow. What he can try to do is direct federal law enforcement and military to execute existing laws against us, but he can not make public law. How this all will work out remains to be seen. The biggest threat is if he declares martial law, since then existing laws on the books will give him broad powers to suspend various rights and screw us over.


40 posted on 01/09/2013 1:44:33 PM PST by iontheball
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To: WKUHilltopper

Very good to know, except one has to believe in the constitution to begin with. For a long time we have had closet socialists calling themselves democrats in government. Now that they have been empowered by the election of a left of left presidents they are making all their dreams come true. I am truly sick about how quickly they have galvanized and executed their policies over America’s citizens. Words fail me. My heart is breaking for our future. But, like others, I’ll never give up on America and our constitution.


41 posted on 01/09/2013 2:08:43 PM PST by Bitsy
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To: oldbrowser
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.


Leaving the sleeping dog that is the Emancipation Proclamation lie. It is worth noting that Frank Roosevelt was able to intern American citizen's without due process during World War II; his newly expanded and democrat supporter packed Supreme court ok'd the decision as constitutional.

The problem is that someone has to be willing to stand up and say no when unconstitutional laws and decrees are made. Few are willing to take Andrew Jackson's view of the court and tell them to enforce their decision.

Ultimately governments rule by the consent of the governed... Make Obama enforce his stupid rules.

42 posted on 01/09/2013 2:34:44 PM PST by Idaho_Cowboy (Ride for the Brand. Joshua 24:15)
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To: E. Pluribus Unum
Executive orders only apply to the administration of the executive branch of government.

They aren't laws. They are bureaucratic rules for bureaucrats.

That's the way I've always understood this subject, though I was aware of the "Emergency Powers" aspect as well. Some Executive Orders are eventually made part of the U.S. Code.

One example is E.O. 13423, issued 2007. This directed a shift of federal fleet vehicle usage away from petroleum and toward alternative fuels. It was later tacked onto the 2009 Omnibus Appropriations Act and signed into law.

I guess the real question is, can an E.O. that is *not* codified into federal law be used to issue warrants of search and seizure, or anything of that sort?

43 posted on 01/09/2013 2:36:29 PM PST by Charles Martel (Endeavor to persevere...)
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To: pabianice

An EO that violates the Constitution would definitely be struck down by SCOTUS - probably by a 9-0 decision.

Otherwise, SCOTUS is meaningless, loses all legitimacy, and lacks any authority since the Executive Department could rule by absolute fiat.

If Obama were to banish guns by EO - he would certainly lose at SCOTUS.


44 posted on 01/09/2013 2:45:09 PM PST by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...)
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To: Idaho_Cowboy
Ultimately governments rule by the consent of the governed...

Absolutely.

45 posted on 01/09/2013 2:58:05 PM PST by oldbrowser (They are marxists, don't call them democrats)
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To: DCBryan1

“and state nullification
How exactly would that work? Thanks”

The Governor says the banned weapons, ammo etc are OK in his state and any Fed trying to enforce the EO will be arrested.


46 posted on 01/09/2013 5:07:22 PM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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