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AMEN. Executive orders can ONLY apply to those agencies that fall within the scope of the executive order. Think about it for a second: if the executive branch of government could just "order" things to happen then we would not have a Supreme Court or a Congress. We would've had a dictatorship. Now you can hate on Obama all you want and express opinion but you aren't entitled to your own fallacies and pursue them as fact. Civics folks ... civics. Is that to say we won't get any absolutely, stupendously, incredibly farcical proposed legislation (from our Congress from which all legislation must come that affects 'we the people') about guns? No. But this absolute nonsense being perpetuated about the POTUS being able to ban guns unilaterally is not only inaccurate but shameful because it preys on the lack of civics intelligence on the one hand and on emotion on the other. I can't believe how many Constitutional quoting folks continually get sucked into this and display their ignorance of their own government.

I understand what you're saying about buying into fear and panic, but I do have a legitimate question. I understand how an executive order works. What I don't understand is how to explain Roosevelt's internment of Japanese Americans in 1942. They created large portions of the US that were exclusion zones, and legal American citizens were impacted. All done via executive order. The supremes upheld it's constitutionality in 1944. I would really like to understand this better, and how this sort of thing couldn't be applied to just about anything.
 
Here's the problem I see with this blind/ unquestioning support of Obama that he will not TRY to inact gun control by way of an E.O.

Obama rips U.S. Constitution See full article here.

But, the Supreme Court never ventured into the issues of redistribution of wealth, and of more basic issues such as political and economic justice in society. To that extent, as radical as I think people try to characterize the Warren Court, it wasn't that radical. It didn't break free from the essential constraints that were placed by the Founding Fathers in the Constitution, at least as it's been interpreted, and the Warren Court interpreted in the same way, that generally the Constitution is a charter of negative liberties. Says what the states can't do to you. Says what the federal government can't do to you, but doesn't say what the federal government or state government must do on your behalf.

This man has shown a disdain for the constitution long before he became president. He has made it clear he feels congress GETS IN THE WAY OF GETTING THINGS DONE.

Now the scariest part is. NationalJournal.com - Scalia: Guns May be Regulated - Sunday, July 29, 2012

Justice Antonin Scalia, one of the Supreme Court's most vocal and conservative justices, said on Sunday that the Second Amendment leaves room for U.S. legislatures to regulate guns, including menacing hand-held weapons.
"It will have to be decided in future cases," Scalia said on Fox News Sunday. But there were legal precedents from the days of the Founding Fathers that banned frightening weapons which a constitutional originalist like himself must recognize. There were also "locational limitations" on where weapons could be carried, the justice noted.

I'm sure after Obama forced his health care through by way of E.O. And it was upheld in the SCOTUS he may well feel can inact gun control and it too will be upheld in the courts.
 
AMEN. Executive orders can ONLY apply to those agencies that fall within the scope of the executive order. Think about it for a second: if the executive branch of government could just "order" things to happen then we would not have a Supreme Court or a Congress. We would've had a dictatorship. Now you can hate on Obama all you want and express opinion but you aren't entitled to your own fallacies and pursue them as fact. Civics folks ... civics. Is that to say we won't get any absolutely, stupendously, incredibly farcical proposed legislation (from our Congress from which all legislation must come that affects 'we the people') about guns? No. But this absolute nonsense being perpetuated about the POTUS being able to ban guns unilaterally is not only inaccurate but shameful because it preys on the lack of civics intelligence on the one hand and on emotion on the other. I can't believe how many Constitutional quoting folks continually get sucked into this and display their ignorance of their own government.

Yeah, but how about when a special new agency is created by EO and you find yourself now "legally" sent to a camp and stripped of what constitutional rights you once had? That could never happen right?

Franklin D. Roosevelt: Executive Order 9102 Establishing the War Relocation Authority.

"By virtue of the authority vested in me by the Constitution and statutes of the United States, as President of the United States and Commander in Chief of the Army and Navy, and in order to provide for the removal from designated areas of persons whose removal is necessary in the interests of national security, it is ordered as follows:

1. There is established in the Office for Emergency Management of the Executive Office of the President the War Relocation Authority, at the head of which shall be a Director appointed by and responsible to the President.

2. The Director of the War Relocation Authority is authorized and directed to formulate and effectuate a program for the removal, from the areas designated from time to time by the Secretary of War or appropriate military commander under the authority of Executive Order No. 9066 of February 19, 1942, of the persons or classes of persons designated under such Executive Order, and for their relocation, maintenance, and supervision."
 
Here is a link I found. It took me less than 3 minutes to follow and send an email on this link.

This link will take you to a website where you can quickly and easily email your Senators, Congressmen and the President: <broken link removed>
 
Yeah, but how about when a special new agency is created by EO and you find yourself now "legally" sent to a camp and stripped of what constitutional rights you once had? That could never happen right?

Franklin D. Roosevelt: Executive Order 9102 Establishing the War Relocation Authority.

"By virtue of the authority vested in me by the Constitution and statutes of the United States, as President of the United States and Commander in Chief of the Army and Navy, and in order to provide for the removal from designated areas of persons whose removal is necessary in the interests of national security, it is ordered as follows:

1. There is established in the Office for Emergency Management of the Executive Office of the President the War Relocation Authority, at the head of which shall be a Director appointed by and responsible to the President.

2. The Director of the War Relocation Authority is authorized and directed to formulate and effectuate a program for the removal, from the areas designated from time to time by the Secretary of War or appropriate military commander under the authority of Executive Order No. 9066 of February 19, 1942, of the persons or classes of persons designated under such Executive Order, and for their relocation, maintenance, and supervision."

Maybe the key is War Powers Act of 1941 - Wikipedia, the free encyclopedia ?
 
AMEN. Executive orders can ONLY apply to those agencies that fall within the scope of the executive order. Think about it for a second: if the executive branch of government could just "order" things to happen then we would not have a Supreme Court or a Congress. We would've had a dictatorship. Now you can hate on Obama all you want and express opinion but you aren't entitled to your own fallacies and pursue them as fact. Civics folks ... civics. Is that to say we won't get any absolutely, stupendously, incredibly farcical proposed legislation (from our Congress from which all legislation must come that affects 'we the people') about guns? No. But this absolute nonsense being perpetuated about the POTUS being able to ban guns unilaterally is not only inaccurate but shameful because it preys on the lack of civics intelligence on the one hand and on emotion on the other. I can't believe how many Constitutional quoting folks continually get sucked into this and display their ignorance of their own government.

You keep saying the same thing over and over and over again on all these threads, but NEVER respond to direct examples where executive orders were used to deprive people of their constitutional rights.

Two of the best examples are those signed by that fascist FDR that democrats worship so much
Tens of thousands of Americans locked up without due process simply because they were of Japanese heritage.

Have some integrity and debate against all the facts presented.
 
One plausible scenario - issue EO to ATF reclassifying certain weapons as Title II weapons:

Obama's secret plan to reclassify your guns

"We have some confidential information that he may order the ATF to reclassify certain models of semi-automatic firearms as Title 2 guns under the Gun Control Act of 1968," Snyder told WND. "What this would mean is that people could not obtain these without going through a terribly difficult process that includes registration of each firearm and paying a severe fee for the ownership of each one."
 
One plausible scenario - issue EO to ATF reclassifying certain weapons as Title II weapons:

Obama's secret plan to reclassify your guns

"We have some confidential information that he may order the ATF to reclassify certain models of semi-automatic firearms as Title 2 guns under the Gun Control Act of 1968," Snyder told WND. "What this would mean is that people could not obtain these without going through a terribly difficult process that includes registration of each firearm and paying a severe fee for the ownership of each one."

No, that's bullbubblegum as usual. GCA specifically defines types of firearms that are subject to that regulation.

26 USC § 5845 - Definitions | LII / Legal Information Institute
 
You keep saying the same thing over and over and over again on all these threads, but NEVER respond to direct examples where executive orders were used to deprive people of their constitutional rights.

Two of the best examples are those signed by that fascist FDR that democrats worship so much
Tens of thousands of Americans locked up without due process simply because they were of Japanese heritage.

Have some integrity and debate against all the facts presented.

I have no idea how the SCOTUS came to its decision to support that EO. Maybe as fd15k said it had something to do with the War Powers Act. It was a despicable act of our government.

My comments address the POTUS being able to ban guns which would be entirely un-Constitutional and certainly invite a long and ugly political/legal fight. No doubt there is going to be some really crappy work-around EO's or legislation but to say the POTUS will outright ban guns won't happen. A ban by EO will result in a lot of ugly confrontations aside from the legal battles.
 
I have no idea how the SCOTUS came to its decision to support that EO. Maybe as fd15k said it had something to do with the War Powers Act. It was a despicable act of our government.

My comments address the POTUS being able to ban guns which would be entirely un-Constitutional and certainly invite a long and ugly political/legal fight. No doubt there is going to be some really crappy work-around EO's or legislation but to say the POTUS will outright ban guns won't happen. A ban by EO will result in a lot of ugly confrontations aside from the legal battles.

This really wasn't the response I was hoping for. I had hoped those that keep saying an EO is impossible had some knowledge about their use that I wasn't aware of. Basically, there's a ton of trouble that can be done via EO outside of an outright ban on a semi auto firearms.

That is anything but good news.
 
This really wasn't the response I was hoping for. I had hoped those that keep saying an EO is impossible had some knowledge about their use that I wasn't aware of. Basically, there's a ton of trouble that can be done via EO outside of an outright ban on a semi auto firearms.

That is anything but good news.

I'm not sure where the confusion is. President has specific powers delegated to him by the Constitution. In addition, Congress can authorize additional powers, if that's within the congressional authority. For example, all 3-letter agencies that are part of the Executive are created by the acts of Congress, and given for supervision to the POTUS. So unless some specific firearms related powers are delegated by the Congress to the POTUS, POTUS can't just issue an EO and do whatever he wants.

As I pointed out above, analysis of that situation with Japanese Americans during WWII needs to start with the Congressional authorization of War Powers to the President. Because that's where the authority to issue those EO's come from, and not from just the fact of being the POTUS and doing whatever POTUS wants.
 

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