Skip to comments.Are Executive Orders Absolute in Practice?
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.
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.
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.
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?
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.
“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.