Obama to by pass congress and close gunshow loophole

[dorminWS]

I'm just wondering by what legal theory or maneuver failure to comply with an EO of unconstitutional effect becomes a criminal act. There may be a controlling statute or decision. I just don't know.

[MarcSpaz]

Executive orders only have power over the federal government and how they opperate. That means at the absolute most, he can issue an order on how to enforce law and to what degree. He can't create laws that impact private citizens.

The term "executive power" in Article II, Section 1, Clause 1 of the Constitution, refers to the title of President as the executive. Per this clause, the POTUS must "take care that the Laws be faithfully executed". There is no other clause defining his role as a rule or law maker. Unless the Constitution specifically grants him power in a role or task... or Congress passes a law specifically authorizing the POTUS to take some action, his hands are tied.

Also, an EO still must be constitutional and can be challenged in federal court by both Congress and private citizens. I have read that major policy initiatives require approval from Congress too, but I have not seen a deffinition of "major initiative".

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[dorminWS]

Executive orders only have power over the federal government and how they opperate. That means at the absolute most, he can issue an order on how to enforce law and to what degree. He can't create laws that impact private citizens.

The term "executive power" in Article II, Section 1, Clause 1 of the Constitution, refers to the title of President as the executive. Per this clause, the POTUS must "take care that the Laws be faithfully executed". There is no other clause defining his role as a rule or law maker. Unless the Constitution specifically grants him power in a role or task... or Congress passes a law specifically authorizing the POTUS to take some action, his hands are tied.

Also, an EO still must be constitutional and can be challenged in federal court by both Congress and private citizens. I have read that major policy initiatives require approval from Congress too, but I have not seen a deffinition of "major initiative".

[ Post made via Mobile Device ]

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That's exactly what I was talking about. The Obamunists may have a real hard time getting a court to convict someone who defies an EO to do a background check on a private sale.