Do Executive orders supersede the Constitution

2015-12-11T06:16:19-05:00

Executive orders are supposed to be used in times of National Security matters protecting the executive branch. EO's do not write law and they do not supersede the Constitution of the United States.
http://www.theblaze.com/stories/2015/12/10/white-house-finalizing-plan-to-take-major-gun-control-action-using-executive-authority-valerie-jarrett-says/

http://hosted.ap.org/dynamic/stories/U/US_OBAMA_GUNS?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2015-12-10-12-31-01

http://www.nbcconnecticut.com/news/local/Governor-Expected-to-Make-Major-Public-Safety-Announcement-361438091.html

White House Finalizing Plan to Take Major Gun Control Action Using Executive Authority, Valerie...

WASHINGTON (TheBlaze/AP) -- President Barack Obama's advisers are finalizing a proposal that would expand background checks on gun sales without congressional approval. White House adviser Valerie Jarrett says the president has asked his team to complete a proposal and submit it for his review "in short...

Response by CW4 Private RallyPoint Member made Dec 11 at 2015 6:49 AM

2015-12-11T06:49:08-05:00

Background checks are common sense. (I am a Texan and pro-gun) However, if you try to take any type of gun off the table of ownership by private citizens the next civil war will begin. Why? Read the 2nd Amendment in its entirety. Internalize why it exists. At the heart of the amendment is a group of founding fathers that did not believe in a standing army (of which we were/are a part of). They felt that eventually that standing army could turn against its citizens. In order to allow those citizens to stand up to that standing army, "the right to bear arms shall not be infringed". So why assault weapons? The 2nd amendment is not the protect the right to hunt or sport. It is to protect against a standing army, armed with assault rifles, turning against its citizens.

Response by Sgt Aaron Kennedy, MS made Dec 11 at 2015 7:27 AM

2015-12-11T07:27:12-05:00

Executive Orders cannot be used to "create law." They can be used in "absence of Law" or to "clarify existing Law" however. The CURRENT LAW specifically allows Person to Person Transfers (what is miscalled the "gun show loophole") therefore "closing it" would be outside the power of an EO.

Response by SPC John Canning made Dec 11 at 2015 8:00 AM

2015-12-11T08:00:45-05:00

The 2nd Amendment exists for this exact reason over zealous narcissistic tyrants that believe they are better than the law.

Response by PO3 Private RallyPoint Member made Dec 11 at 2015 8:10 AM

2015-12-11T08:10:15-05:00

To a politician, until an impeachment or civil war happen ... I don't think this will ever stop.

Response by SCPO Joshua I made Dec 11 at 2015 8:38 AM

2015-12-11T08:38:59-05:00

Executive orders can only implement policy subject to the law. That's it. There is no authority to write new law with them.

Response by SrA Daniel Hunter made Dec 11 at 2015 9:24 AM

2015-12-11T09:24:20-05:00

Executive Orders are instructions to Federal staff on how they should conduct their work and provide limitations for Federal Programs. They are not binding on the public, they are not law and any attempt to use them as such is unconstitutional.
A case in point is on immigration.
https://www.washingtonpost.com/politics/appeals-court-rules-against-obamas-immigration-plan/2015/11/09/c73f38b0-874c-11e5-be39-0034bb576eee_story.html

Appeals court rules against Obama’s immigration plan

The 2-to-1 ruling from the New Orleans court sets stage for possible Supreme Court battle.

Response by 1SG Private RallyPoint Member made Dec 11 at 2015 10:59 AM

2015-12-11T10:59:16-05:00

Everyone focuses on the 2d Amendment, but the real issues with this EO is in relation to the Due Process Clause of the 5th and 14th Amendments. People on the "no-fly" list have not committed a crime, other than come to be watched by the federal government. They have also not had their day in court to determine that they are no longer competent to purchase or own a firearm. Without due process, this is pretty clearly unconstitutional.

Response by TSgt Kenneth Ellis made Dec 11 at 2015 11:31 AM

2015-12-11T11:31:43-05:00

I think this is going to hurt Hillary. She will be tagged with being on the soft on terrorism party. Obama is not worried about it. The SCOTUS should put Obama in his place if he try's to do this by executive order.

Response by SGT William Howell made Dec 11 at 2015 11:38 AM

2015-12-11T11:38:49-05:00

So what happens if he does make an EO banning those on the "no fly" list. How long will it take the courts to strike it down? I am of the opinion that it is not a bad idea other than that "due process" thing WHICH MAKES IT ILLEGAL TO DO!

Response by MSgt Michael Smith made Dec 11 at 2015 1:38 PM

2015-12-11T13:38:55-05:00

I think if he can relate it to the current situation with terrorists getting their hands on weapons he could probably make a case for it. Ultimately, it is up to the courts, not the NRA or Rush Limbaugh to decide. If he puts out an EO, it will be immediately challenged in Federal Court, and personally, I think he would win.

Response by Sgt Kelli Mays made Dec 11 at 2015 2:15 PM

2015-12-11T14:15:03-05:00

They should not be....and if it's to change or create law, absolutely not, but try telling that to Obama.

Response by MSgt Private RallyPoint Member made Dec 12 at 2015 3:58 AM

2015-12-12T03:58:09-05:00

http://legal-dictionary.thefreedictionary.com/Executive+Order

Executive Order

Definition of Executive Order in the Legal Dictionary by The Free Dictionary

Response by MSgt Private RallyPoint Member made Dec 12 at 2015 4:00 AM

2015-12-12T04:00:56-05:00

https://www.bu.edu/law/central/jd/organizations/journals/bulr/documents/SLOANE.pdf

çò4Ñðómo2^Êñü¡ç*H$còD**ìGÎ-á§þhâÃ.IÜMúC|v;2Åóogòõ]ÆZîIz5î0 !0ý}&fî5Í;~çH9gNçBùëBA_(Mý*ûM·xÊuñ]zÙë|êà|çBüd]fU¶Ú8ët-ºN¶/ÓiV9cL7{âÜÃþC¶ËûKæ6?Ób5ÍÖmºXtTBÂé@Y^mòÕtÃÇñßmïÅªrùëC-+{QEû¡xÈËÉ|-ÖÕå/xæA([:Àzû"[¶D5Çy_ªÀhØxVÛrJõx(%Äó[Ùqå32eeþHÒÆwñÖiÉ§ÛEJoÊ·eÑûðwÊ0bIHvúyà\T¿RFt:ÃqÀ"Èøè)É%oìS\ÖñÄ%%aOVrÍºoËLïa_Ay"]ÍèÄxæOxHK~»Êå,l5ûxqíûë;d4·&â¡(í§ìgº\/H bT_ªµõø=cw4áµÜ·H·UÖ=ÈÙ*)çB'ºÎryN¶FÚ }PíäòHvð%âoõGId áicé|Ý:q[òØj5ËÖ0böÖÄ7aGb]Ç"Çzº·aãcÅ ëû^|Òçªô#q6¿31òÍØ»Óuî...

Response by SrA Art Siatkowsky made Dec 12 at 2015 4:04 AM

2015-12-12T04:04:49-05:00

Obama can issue any EO he wants. If it violates the constitution we will just laugh at him. No police will enforce it and those liberals who try will prob get shot. This is why our communist POTUS is trying so hard to make cops look bad with his ridiculous support of the blacklivesmatter ( apparently more than everyone elses ) movement. He wants to say the cops cant be trusted so we need a NATIONALIZED police force...his own GESTAPO. Wont happen though, he is out of here in a year and so are the Communist....I mean Democrats. But whatch him and see if he doesnt try for a nationalized police force....its the reason he justifies cops being killed by these thugs. His desperation at trying to disarm America should be cause for alarm....it is the only thing he is desperately trying to accomplish before he is fired by Trump. Ever see a Democrat desperate about anything that wasnt corrput?

Response by PO3 Brad Phlipot made Dec 12 at 2015 4:11 AM

2015-12-12T04:11:33-05:00

Allot of great responses, for the record though I fully understand the Executive Orders limitations, the purpose for my posting this was to have folks weigh in and hear your responses. Conclusion? All is well and the responses from all show that we are all on the same track.

Response by SrA Art Siatkowsky made Dec 12 at 2015 4:43 AM

2015-12-12T04:43:39-05:00

http://freedomoutpost.com/2013/01/can-barack-obama-ban-guns-with-executive-order/#!

Can Barack Obama Ban Guns By Executive Order? - Freedom Outpost

This week Vice President Joe Biden alluded to Barack Obama possibly using executive order to impose gun control. Biden said this during a meeting surrounded by several gun control groups and gun violence victims. The question on many people's minds is, "Can this actually happen?" First, let's understand what an executive order actually is. It …

Response by SrA Art Siatkowsky made Dec 12 at 2015 4:46 AM

2015-12-12T04:46:26-05:00

Clearly he cannot issue an EO that is unconstitutional. Say his next EO was to have all white males under the age of 3 killed.
See how silly it is. He is not Emperor, not even a good POTUS. He is able to act outside the limit of the law.

Response by SrA Art Siatkowsky made Dec 12 at 2015 5:24 AM

2015-12-12T05:24:21-05:00

How is that executive order giving the 10million immigrants citizenship going? Its not. And that one is more questionable than the second amendment which is utterly clear.

Response by PO1 William "Chip" Nagel made Dec 12 at 2015 5:26 AM

2015-12-12T05:26:45-05:00

Well as a stop gap measure it has been done since time immemorial. First one that comes to mind is the Gettysburg Address as an executive order freeing the slaves until congress got around to the 14th amendment.

Response by PO1 William "Chip" Nagel made Dec 12 at 2015 5:49 AM

2015-12-12T05:49:05-05:00

List of # Executive Orders by President.