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To: JulieRNR21
We need more pro-life Senators, and if the GOP can deliver those votes then I'll vote for them.

Although I do not like the use of Executive Orders, I have been writing the President asking him to issue an Executive Order mandating and injunction and moratorium on all Partial Birth Abortions until the Senate votes. That may encourage Daschle to bring it to the floor.

9 posted on 07/28/2002 7:19:45 PM PDT by Siobhan
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To: Siobhan
Although I do not like the use of Executive Orders, I have been writing the President asking him to issue an Executive Order mandating and injunction and moratorium on all Partial Birth Abortions until the Senate votes.

Executive orders are only applicable to government officials, except to the extent that the Congress has given certain power to those individuals.

For example, the reason Clinton was able to declare a "Street Sweeper" shotgun to be a destructive device (which he did, btw, even before the passage of the "Assault Weapons" ban) is that NFA'34 provides that any firearm with a bore over 0.5" diameter is a "destructive device" unless the Secretary (i.e. Treasury Secretary) deems it to be of a type suitable for hunting or sporting purposes. Clinton told his Treasury Secretary to declare that a Street Sweeper was not suitable for such purposes; thus, it became a Destructive Device per NFA'34.

Someone did cite me some federal statutes which Bush might be able to use as "enabling legislation" to restrict certain types of abortion; unfortunately, I don't have the cite. Even with such legislation I think it would be an abusive stretch of Bush's authority, especially since homicide is a matter of state jurisdiction. Further, for Bush to attempt such an order would guarantee the election of a Democrat who would immediately recind it. Since the order would probably be held up in the courts until 2004 anyway the effect would be that Bush would commit political suicide for no gain whatsoever.

Frankly I think Republicans need to get more strategic on the abortion issue. If they played their cards right, they could win big with it (since most Americans are much more pro-life than the status quo). Unfortunately, I sometimes think they'd rather be losers on that issue.

16 posted on 07/28/2002 8:04:58 PM PDT by supercat
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