Executive Order (what if)

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jdhz28
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Re: Executive Order (what if)

Post by jdhz28 »

bigbang wrote:
jdhz28 wrote:
recaffeination wrote:
jdhz28 wrote:The President doesn't have the power to make laws, he can make an EO but who would enforce such an order that was a violation of our rights?
To rephrase nightmare, do you expect the heads of the FBI, ATF or DHS to wake up one morning and suddenly stop enforcing unconstitutional laws and orders and start caring about our rights? Have you been to the airport or submitted a Form 1 lately?
I think a certain majority of LEO's wouldn't enforce any type of EO that was a blatant violation of our rights...And yes, I fly fly internationally quite frequently and know most of the CBP officers by name.
I think he was talking about Team Sexual Assault, also known as the granny gropers in some circles.
Again, I know a few TSA guys, one of them is a very good Christian man as well as a good friend. He was the one that got me to go take my PPO classes. They are still individuals, and not all will comply with unjust orders.
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RPB
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Re: Executive Order (what if)

Post by RPB »

Executive gun ‘order’ easier said than done
Congress carefully guards its authority

By Seth McLaughlin
The Washington Times
Thursday, January 10, 2013
http://www.washingtontimes.com/news/201 ... Qg.twitter" onclick="window.open(this.href);return false;

Entire article at link above; below is excerpt:
The administration is eyeing unilateral steps on gun control, but analysts said there are few things President Obama can do on his own because gun control is one area where Congress has jealously guarded its power to make the laws.

In many areas, Congress writes broad laws but gives the executive branch wide discretion to write rules and regulations. Not so with guns.

“The problem with gun control is that Congress has been extraordinarily explicit,” said John Hudak, a scholar on executive power at the Brookings Institution. “When gun-control legislation is passed, it is usually very detailed in what Congress intended and it is usually very detailed in the barriers it sets up for the executive branch. That limits presidential authority to use executive power because there is little discretion.”
Constitutional analysts and gun specialists said there may be some room for the administration to act alone to tighten the instant background checks by asking states to pony up more data.

But they said anything broader, such as banning types of guns, ammunition or magazines, would have to come from Congress.
I'm no lawyer

"Never show your hole card" "Always have something in reserve"
recaffeination

Re: Executive Order (what if)

Post by recaffeination »

jdhz28 wrote: Again, I know a few TSA guys, one of them is a very good Christian man as well as a good friend. He was the one that got me to go take my PPO classes. They are still individuals, and not all will comply with unjust orders.
You're right they're individuals. The ones who refuse to follow orders will be individually fired and replaced by people who see nothing wrong with expanding TSA style searches to public places in general, expanding NFA style gun registration to semiauto firearms, expanding F&F, et ceteta. I also don't think many will refuse because it's only an extension of what they're already doing now. For money.

The ones who stand by and allow their cow orkers to violate our civil rights are just as bad. They may fool themself by saying they didn't actively participate but God knows the truth and will judge them for their sins.
TexasCajun
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Re: Executive Order (what if)

Post by TexasCajun »

There are many law enforcement officers among our ranks on this forum, and I suspect there are probably a fair number of other governmental agencies represented here as well. Regardless of who signs their paychecks, I find it hard to believe that those who serve the public and are like-minded would enforce questionable laws that would violate the US & State Constitutions. I believe that we should all stick together & give our folks who may find themselves in quite a pickle the benefit of the doubt. If these people are currently on the fence about what they would do, the name-calling and broad-brush-painting certainly won't sway them in our favor. As Charles Cotton has asked us to do in another thread, let's knock it off, if nothing but for the sake of unity. This fight that we're looking at is going to be hard enough, why make it harder by attacking our own???
Opinions expressed are subject to change without notice.
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stroo
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Re: Executive Order (what if)

Post by stroo »

If I were confident that Obama would follow the law, I would agree that there is not much he can do by executive order.

However Obama has already shown that his administration is willing to stretch the law beyond the breaking point. So I think he is going to do something radical through an executive order forcing Congress to pass a law peeling back his actions. But to do that the Repubs in the House will have to get the Senate (Harry Reid) and the President to go along. So the Repubs will be forced to compromise in order to repeal anything.

Or we will all have to wait for a court case to go through and hope the courts actually come to the right decision.

Frankly the vehicle for this would be the definition of machine gun in the NFA. While defining all semi-autos as machine guns would be wrong, I can see Obama taking that step. I hope the NRA and other gun rights organizations are looking at that and how to attack any such executive order.
bizarrenormality

Re: Executive Order (what if)

Post by bizarrenormality »

TexasCajun wrote:Regardless of who signs their paychecks, I find it hard to believe that those who serve the public and are like-minded would enforce questionable laws that would violate the US & State Constitutions. I believe that we should all stick together & give our folks who may find themselves in quite a pickle the benefit of the doubt.
I agree but the following colors my thoughts. If someone is willing to enforce the NFA rules for short barrel rifles, there's no logical reason they wouldn't be willing to do the same for semi automatic rifles. No logical reason at all. If someone is willing to search someone and their effects for traveling on an airline, there's no logical reason they wouldn't be willing to do the same to someone traveling on a public highway. If someone is willing to enforce various federal laws that have nothing to do with commerce, much less interstate commerce...

By all means let us stick together, but that has to be a two way street.
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