Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-2021-4041-46 next last
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.)
[ Post Reply | Private Reply | To 1 | View Replies]

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!)
[ Post Reply | Private Reply | To 9 | View Replies]

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
[ Post Reply | Private Reply | To 8 | View Replies]

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)
[ Post Reply | Private Reply | To 1 | View Replies]

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.)
[ Post Reply | Private Reply | To 1 | View Replies]

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!)
[ Post Reply | Private Reply | To 18 | View Replies]

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!)
[ Post Reply | Private Reply | To 20 | View Replies]

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))
[ Post Reply | Private Reply | To 11 | View Replies]

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!)
[ Post Reply | Private Reply | To 16 | View Replies]

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!)
[ Post Reply | Private Reply | To 16 | View Replies]

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.)
[ Post Reply | Private Reply | To 25 | View Replies]

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.)
[ Post Reply | Private Reply | To 2 | View Replies]

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!)
[ Post Reply | Private Reply | To 32 | View Replies]

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.)
[ Post Reply | Private Reply | To 1 | View Replies]

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...)
[ Post Reply | Private Reply | To 17 | View Replies]

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.)
[ Post Reply | Private Reply | To 35 | View Replies]

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...)
[ Post Reply | Private Reply | To 11 | View Replies]

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
[ Post Reply | Private Reply | To 2 | View Replies]

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
[ Post Reply | Private Reply | To 13 | View Replies]

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
[ Post Reply | Private Reply | To 6 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-46 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson