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Is An Executive Order a Law that Must be Obeyed?
5 years ago

January 10, 2013 by Gary DeMar

There’s talk that President Obama will ignore Congress and issue Executive Orders to implement new gun regulations over against the clear reading of the Second Amendment to the Constitution. Is an Executive Order a law? Will we be obligated to obey it?

Executive Orders have a long history. Republicans and Democrats have issued them. Only a few of them have been overturned by the courts.

Neither Republicans nor Democrats do much about Executive Orders they don’t like since both parties issue them. This is how theWashingtongame is played.

Republicans and Democrats like Executive Orders on difficult issues because it stops the legislative process that they’ll have to participate in and eventually vote yes or no. They can always tell the voters back home, “Well, I would have voted against that if the President hadn’t issued an Executive Order. Golly gee willikers, now my hands are tied.” Right.

An Executive Order is only valid if it’s done within the jurisdictional authority of the President’s constitutional authority. To rule against the Second Amendment is not a presidential prerogative. If it is, then the President could turn his attention to the First Amendment and issue an order that newspapers can no longer criticize him. Conservative talk radio would die a quick death if the President issued an Executive Order saying that the freedom of speech had to be limited in several ways, one of which was negative political speech, especially about him.

Don’t get me wrong. I do believe that President Obama would like to do all these things. He’s mad with power. He has a vendetta againstAmerica.

Chris Matthews of MSNBC made a statement about how President Obama should have been treated by presidential challenger Mitt Romney in their second debate. It was the fact that Gov. Romney actually challenged the President that led Matthews to go Gestapo on Romney:

“I don’t think [Mitt Romney] understands the Constitution of theUnited States… He’s the president of theUnited States. You don’t say, ‘you’ll get your chance.’”

Yes you do. President Obama is an elected official. He’s not a king. The king battle was fought a long time ago at Runnymede in 1215.

If the President and other anti-Second Amendment advocates want to limit our freedoms, then they can go through the amendment process. An Executive Order is the chicken’s way out. It’s also unconstitutional.

The Democrats know this. That’s why they’re sending out Vice President Biden to soften the rhetoric:

“The president is going to act. There are executive orders, there’s executive action that can be taken. We haven’t decided what that is yet. But we’re compiling it all with the help of the attorney general and the rest of the cabinet members as well as legislative action that we believe is required.”

Did you see it? “Legislative action that we believe is required.” In terms of the Separation of Powers, the President does not have the constitutional authority to legislate. Of course, that hasn’t stopped him or any other president.

Biden went on to say that “this is a moral issue and that ‘it’s critically important that we act.’” Morally, the President can’t ignore an Amendment to the Constitution. How is banning guns for everyone the moral thing to do when only a tiny fraction use guns illegally? How will banning guns to stop immoral people from using whatever they can find to do harm?

Timothy McVeigh used kerosene and fertilizer to kill 169 people. Abortion doctors use medical instruments to kill pre-born babies? A man was poisoned with cyanide before he could cash in his $1 million dollar lottery ticket.

5 years ago

Sandy, please post this out on C2NN and find a picture of Obama with a crown on....LOL....I'm serious!

5 years ago

Agree, Sandy, please do that or the one yesterday of him that was on my post that had his middle finter in the air even though he was trying to look like he was holding up his head.  That one just got to me, too.

5 years ago

Well he acts like a king and lives like a king and appears to think that he's a king and is treated a a king by the press and his devoted followers, so the distinction is somewhat moot. They've done a good job with executive orders and bureaucratic decrees to override existing laws in the areas of immigration and welfare requirements as well as limiting Constitutional rights like freedom of religion when it comes to birth control/contraception dictates and limits on free speech for speech the Left doesn't like. Things are getting really dicey and Dear Leader hasn't been crowned for his second reign yet! After the "fiscal cliff" fiasco coupled with Dear Leader rubbing everyone's noses in his Hawaiian vacation, the level of discontentment is rising. Just wait as more people get a whiff of more of ObamaCare and the effects of some of the new regulations pushed off to after the election and we will see more churn.

5 years ago

Not only hasn't Dear Leader been crowned for the second time, but the hotels are empty in Washington DC for the big event.

So, where will Dear Leader go after 2016?    Crown?   Robe?    Maybe Saudi Arabia.

5 years ago

Maybe he'll join the NBA or perhaps try to join the golfing circuit.  Or the speakers circuit.  Or just lay on the beach in Hawaii in front of his 3 million dollar mansion and write his book. 


Personally I hops he goes somewhere and does something to himself that is physically impossible to do to ones-self! 

This post was modified from its original form on 10 Jan, 17:36
5 years ago

     or he could join the circus as a  as he fits that role well.

5 years ago

Where will he go?  I have just the place!



5 years ago

5 years ago

Not bad David and Diane.

5 years ago

Maybe he should go and make peace with his brother first and get the poor lad out of the squalor he lives in.  A shack!  How can anyone, other than Obama, ignore his family in that fashion.  Even a half brother. 


David, Michelle would never subject herself to living in Kenya - she would be abolished from wearing her hootchie Kootchie clothes.  And, I can't fanthom her having coffee with the local wives while Obama is off trying to find a job!


Diane, I thought, at first, that the picture above was from a street in Manhattan! 

5 years ago

Tara Jane, I think it is from the Punahoe High School in Hawaii....but I could be wrong....maybe it's in Hollywood LOL!

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