http://www.downrange.tv/forum/index.php?topic=21556.0http://www.examiner.com/article/obama-would-be-limited-executive-order-on-gun-control?CID=obinsiteStill, there are limits on executive orders that would keep President Obama from taking many steps on gun control, and these limits would certainly prevent the kind of dictatorship the Drudge Report implicitly warns about on their website.
For instance, in 1952 President Truman issued an executive order which directed seizure of steel mills as part of the Korean War effort. The Supreme Court rejected the executive order in the Youngstown Sheet & Tube Co. v. Sawyer case, and Truman was forced to retreat. In the majority opinion Justice Black wrote that executive orders, "must stem either from an act of Congress or from the Constitution itself." The concurring opinion of Justice Jackson was more lenient, but as a whole the Court agreed that a president's executive orders may not go beyond the Constitution, and that orders may not directly contradict an act of Congress.
As noted by the Congressional Research Service, the Youngstown decision still applies in the modern era, and was used to declare an executive order from President Clinton unconstitutional in 1996.
In addition, executive orders can be, and historically have been, repealed by acts of Congress or a subsequent executive order from another president. If Congress was really upset about an executive order on gun control they could revoke the measure through law or get the White House to reverse course by threatening the funding of whatever department may implement the order. If the American public was upset about an executive order from Obama they could simply elect a pro-gun president in 2016 who could repeal the order the first day he comes into office.
The president's powers of executive order have historically expanded in times of war. President Lincoln issued a "proclamation" to suspend habeas corpus. During WWII President Roosevelt used an executive order to establish internment camps for Japanese Americans. But these situations were almost universally regarded as national emergencies. The Supreme Court even approved of Roosevelt's interment camps even though that decision is viewed critically by historians and many legal scholars. As bad as the Sandy Hook massacre was, it and other tragedies do not amount to the kind of national emergency seen in the Civil War and WWII.
What President Obama could do through executive order is step up the enforcement of gun control laws which are already on the books. In addition, President Obama could implement new measures which are not expressly denied by either the Constitution or a law of Congress. However, just as Truman could not seize the steel mills in 1952, Obama could not simply seize people's guns through executive order. In addition, Obama's executive orders could not conflict with any gun friendly legislation passed by the Congress over the last 10 years.
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http://www.newsmax.com/Headline/meese-obama-guns-impeachable/2013/01/14/id/471412?s=al&promo_code=11F25-1Former U.S. Attorney General Edwin Meese III declared in an exclusive Newsmax TV interview that President Barack Obama could easily be impeached if he bypassed Congress and enacted gun-control legislation by executive order.
Meese's comments came on the same day President Obama told the White House press corp at the last news conference of his first term that he was reviewing actions, including issuing executive orders, where he could take action without congressional approval to confront gun violence in the nation. Obama said he would present a plan within days.
The options include stronger background checks, a meaningful ban on assault weapons, and limits on high-capacity ammunition magazines, Obama said, conceding that was unsure how such steps could pass Congress.
“I’m confident there are some steps we can take that don’t require legislation and that are within my authority as president,” Obama said.
“It would not be legal. It would not be constitutional,” Meese, who served under President Ronald Reagan, tells Newsmax. “And, indeed, if he tried to override the Second Amendment in any way, I believe it would be an impeachable offense.”
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