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3/20/2017 5:03:23 PM
Posted: 9/5/2001 5:46:29 PM EDT
Was reading on another site about a number of executive orders that Clinton signed in 94. Was wondering how close we ever came to an outright ban on all guns via this method. Gotta look for some links.
Link Posted: 9/5/2001 6:16:46 PM EDT
SOME EXEC ORDERS REQUIRE AN INCOMING PRES TO RESIGN THEM...SOME ARE FUNCTIONAL..LIKE DIRECTING CERTIAN THINGS IN THE PARK SERVICE OR VETERANS ADMIN.. IT JUST DEPENDS
Link Posted: 9/5/2001 6:29:43 PM EDT
EO's are legal, but they can only go so far. A president can't enact new legislation or create a statute by issuing an EO. Legislation is the province of Congress. An EO can, however, direct an executive or administrative agency to take action; as long as that agency has been delegated regulatory power, or a power pursuant to a statute. The classic example is Bush Sr. and the 1989 'import ban'. The statute was already there - it allowed BATF to make a determination as to what guns were sporting (and could thus be imported) and what guns were non-sporting (and could not be imported). The statute delegated the authority to make this determination to BATF. Until 1989 BATF took a fairly relaxed view, but Bush Sr's EO directed BATF to re-evaluate and tighten their guidelines for determining what is sporting and what is not.
Link Posted: 9/5/2001 6:33:17 PM EDT
Well in a nutshell, EO's carry the same weight as regular legislation and are only to be enacted during times of national emergency- which we have continually been in since WWII (IIRC). When it is signed congress has 90 days in which to override the EO by a 2/3 vote (same as overriding a veto). I think there has only been 1 EO overridden in history. Here is a pretty good one that klinton signed: "EXECUTIVE ORDER -- PROLIFERATION OF WEAPONS OF MASS DESTRUCTION #12938 [url]www.cuttingedge.org/news/n1192.cfm[/url]
Link Posted: 9/5/2001 6:33:54 PM EDT
so would a statute would be legislation enacted by Congress within the Constitution and can only be acted on by a President who is acting within those guidelines? For some reason, I find that hard to bellieve that our CEO would play by the rules. I get this nagging feeling about a large number of EO's that are sealed and remain secret. Can't figure out why that is.
Link Posted: 9/5/2001 6:38:35 PM EDT
My tinfoil hat is at the ready but... I can picture the UN stepping in with "moderators" if US citizens ever started to "get out of hand". What a bloated, inefficient and basically dangerous organism the UN is. When a collective percieves that "something" is right, then there is no stopping that collective from throwing their collective weight around. Except our guns, hopefully.
Link Posted: 9/5/2001 6:45:45 PM EDT
Imbroglio, thanks for the link. Good stuff, well not really. Hey, gives new meaning to the term FEMA-nazis doesn't it... [:D]
Link Posted: 9/5/2001 9:39:34 PM EDT
Executive orders, like much of the "laws" enacted by Congress, have no basis in the Constitution. His powers as stated in the constitution are: Article. II. Section. 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows... The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." Section. 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session. Section. 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States. Section. 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Link Posted: 9/6/2001 8:34:19 PM EDT
I don't see that power listed in the Constitution, but the US gov't stopped following the Constitution a long time ago
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