Holy smokes gun boards are busy places these days. A common theme I've seen is the idea of Obama banning guns by executive order. I have to admit I had to look up what executive orders were all about.
So here is the bottom line: The POTUS can not ban guns by executive order. Executive orders apply only to government employees whose agency is affected by the order. An executive order does not and can not be extended to the general citizenry. It's Congresses' job to make laws that apply to all the people.
So enough with the Obama banning guns baloney. As we all know the folks to keep an eye on is Congress.
Are Executive Orders Constitutional? – Tenth Amendment Center Blog
In Article I Section I of the Constitution it is clear that all legislative powers reside in Congress. The Executive Branch has the responsibility to execute the laws passed by Congess. An Executive Order is not legislation it is a order issued by the President to enforce laws passed by the Congress. While Executive Orders are not mentioned in the Constitution it has been a precedent for a President to issue Executive Orders that he deems to be necessary and proper.
The Necessary and Proper clause in the Constitution found in Article I Section 8 was not intended to give Congress and the authority to do whatever they felt was a good idea. This clause meant that they had the authority to pass any legislation that was necessary and proper to implement the powers delegated to the United States in Article I Section 8.
The President is the Chief Administrative Officer of the Executive Branch of Government and has the authority to implement policies and procedures that are neccesary for the administration of the duties and responsibilities that have been assigned to him by the Constitution. Policies and procedures passed by Congress are called laws and effect all of the people. An Executive Order is a policy or procedure issued by the President that is a regulation that applies only to employess of the Executive Branch of government.
Any Executive Order that has any effect on individuals that are not government employees is a violation of Article I Section I whenever the President issues an Executive Order that extends to all of the people. Congress has a responsibility to the people to veto any Executive Order that has any effect on non governmental employees.
When a President issues an unconstitutional Executive Order and Congress allows the order to stand they are violating their oath to preserve, protect and defend the Constitution.
Presidential Executive Orders – How the President of the United States directs the government agencies through executive orders
A presidential executive order (EO) is a directive issued to federal agencies, department heads, or other federal employees by the President of the United States under his statutory or constitutional powers.
In many ways, presidential executive orders are similar to written orders, or instructions issued by the president of a corporation to its department heads or directors.
Thirty days after being published in the Federal Register, executive orders become law. While they do bypass the U.S. Congress and the standard legislative law making process, no part of an executive order may direct the agencies to conduct illegal or unconstitutional activities.
President George Washington issued the first executive order in 1789. Since then, all U.S. presidents have issued executive orders, ranging from Presidents Adams, Madison and Monroe, who issued only one each, to President Franklin D. Roosevelt, who issued 3,522 executive orders.
Reasons for Issuing Executive Orders
Presidents typically issue executive orders for one of these purposes:
1. Operational management of the executive branch
2. Operational management of federal agencies or officials
3. To carry out statutory or constitutional presidential responsibilities
So here is the bottom line: The POTUS can not ban guns by executive order. Executive orders apply only to government employees whose agency is affected by the order. An executive order does not and can not be extended to the general citizenry. It's Congresses' job to make laws that apply to all the people.
So enough with the Obama banning guns baloney. As we all know the folks to keep an eye on is Congress.
Are Executive Orders Constitutional? – Tenth Amendment Center Blog
In Article I Section I of the Constitution it is clear that all legislative powers reside in Congress. The Executive Branch has the responsibility to execute the laws passed by Congess. An Executive Order is not legislation it is a order issued by the President to enforce laws passed by the Congress. While Executive Orders are not mentioned in the Constitution it has been a precedent for a President to issue Executive Orders that he deems to be necessary and proper.
The Necessary and Proper clause in the Constitution found in Article I Section 8 was not intended to give Congress and the authority to do whatever they felt was a good idea. This clause meant that they had the authority to pass any legislation that was necessary and proper to implement the powers delegated to the United States in Article I Section 8.
The President is the Chief Administrative Officer of the Executive Branch of Government and has the authority to implement policies and procedures that are neccesary for the administration of the duties and responsibilities that have been assigned to him by the Constitution. Policies and procedures passed by Congress are called laws and effect all of the people. An Executive Order is a policy or procedure issued by the President that is a regulation that applies only to employess of the Executive Branch of government.
Any Executive Order that has any effect on individuals that are not government employees is a violation of Article I Section I whenever the President issues an Executive Order that extends to all of the people. Congress has a responsibility to the people to veto any Executive Order that has any effect on non governmental employees.
When a President issues an unconstitutional Executive Order and Congress allows the order to stand they are violating their oath to preserve, protect and defend the Constitution.
Presidential Executive Orders – How the President of the United States directs the government agencies through executive orders
A presidential executive order (EO) is a directive issued to federal agencies, department heads, or other federal employees by the President of the United States under his statutory or constitutional powers.
In many ways, presidential executive orders are similar to written orders, or instructions issued by the president of a corporation to its department heads or directors.
Thirty days after being published in the Federal Register, executive orders become law. While they do bypass the U.S. Congress and the standard legislative law making process, no part of an executive order may direct the agencies to conduct illegal or unconstitutional activities.
President George Washington issued the first executive order in 1789. Since then, all U.S. presidents have issued executive orders, ranging from Presidents Adams, Madison and Monroe, who issued only one each, to President Franklin D. Roosevelt, who issued 3,522 executive orders.
Reasons for Issuing Executive Orders
Presidents typically issue executive orders for one of these purposes:
1. Operational management of the executive branch
2. Operational management of federal agencies or officials
3. To carry out statutory or constitutional presidential responsibilities
