Tuesday, January 5, 2016

Illegal Executive Stupidity

Apparently to undo over two hundred years of a constitutional right is shed some fake tears. Obama today decided to enact executive action on gun control today. This is an illegal act and shouldn't be taken seriously in anyway because the President doesn't have the power to conduct this action.

Michael McConnell, law professor and director of the Stanford Constitutional Law Center in 2014, said that a President cannot use executive action to

  • Raise taxes. That’s the job of Congress.
  • Borrow or spend money.
  • Set marriage of divorce laws. That’s the job of states.
  • Declare war. But he can conduct “peacekeeping” operations and protect U.S. citizens in peril.
  • He can’t do anything that deprives citizens of “life, liberty or property,” according to the Constitution’s Article II.
The last statement that he cannot do anything that deprives citizens of "life, liberty, or property" the second Amendment follows under the category of liberty. It is our right and liberty to bear arms by enacting illegal executive action you have committed an illegal act made clear in article two of the constitution.

Furthermore there is no constitutional provision nor statute that explicitly permits executive orders. The term executive power Article II, Section 1, Clause 1 of the Constitution, refers to the title of President as the executive. He is instructed therein by the declaration "to take Care that the Laws be faithfully executed" made in Article II, Section 3, Clause 5 or face impeachment. Most executive orders use these Constitutional reasoning as the authorization allowing for their issuance to be justified as part of the President's sworn duties,[2] the intent being to help direct officers of the U.S. Executive carry out their delegated duties as well as the normal operations of the federal government: the consequence of failing to comply possibly being the removal from office.[3]

An executive order of the president must find support in the Constitution, either in a clause granting the president specific power, or by a delegation of power by Congress to the president.

The executive order has no support from the Constitution and is therefore illegal.

This is what Obama's illegal executive order does:

From Breitbart News:

The expansion of background checks is an affront to freedom in general, because it brings private sellers under the purview of the government regardless of whether those sellers sell one gun a year or 100. Americans have been selling guns privately since 1791–that’s 225 years–and now, with a swipe of his pen, Obama is saying a portion of those sales must be handled federally and conducted via background checks.

This is a not-so-subtle slide toward universal background checks–the kind of background checks they have in California and France–and it will eventually require a gun registry database in order to be enforceable–like the registry they have in France and the one they are building in California.

You can be denied a gun for purely financial reasons or if you are on Social Security.

The attempt to bar certain Social Security beneficiaries from owning or buying guns because they are unable to manage their own finances.

On July 18 Breitbart News reported on Obama’s push to ban gun-possession for Social Security beneficiaries who are believed incapable of handling their own finances. On that same day the Los Angeles Times reported that a ban was being put together “outside of public view,” but the details that were known revealed the ban would cover those who are unable to manage their own affairs for a multitude of reasons–from “subnormal intelligence or mental illness” to “incompetency,” an unspecified “condition,” or “disease.”

This ban has been brought under the auspices of Obama’s executive gun control.

It adds more burdens to gun dealers who are already following the law.

Obama is also using executive gun control to place even more reporting requirements–read, regulations–on the backs of Federal Firearms License holders (FFLs), who are federally recognized firearms dealers. Contrary to mainstream media reports and the talking points of gun control groups, FFLs are already highly regulated and monitored by the ATF. Obama’s executive action adds one more hoop through which FFLs must jump.

Tax dollars for “smart guns” that nobody wants.

Obama’s executive action instructs the “Departments of Defense, Justice, and Homeland Security” to sponsor research into the “smart gun” technology and explore ways to further its use. This means using tax-payer money to pay for something the private sector has no interest in funding.

Broad interest in “smart guns” is absent because they have yet to be demonstrated trustworthy. Such guns are either fitted with biometric readers–through which they are activated by the palm or finger print or their owners–or they are paired with a bracelet or watch that emits a radio signal which activates the gun when in close proximity with it.

To date, the biometric readers raise concerns that they will fail to read the correct palm or finger print if that palm or finger is caked with blood. This means the gun is useless for self-defense. As for “smart guns” paired with watches or bracelets, even if these guns worked the result would be that thieves would simply steal the watch or bracelet along with the gun, therefore outsmarting those who designed the gun for a new level of safety. 

-End Quote

Clearly this is another step from the left to enact not gun control but control over law biding citizens and to further complicate the buying and selling of firearms to law biding citizens. The left is also ignorant on the gun laws already in place by making FFL holders jump through more hoops. In order to buy a firearm online you have to have it sent to an FFL licensed gun shop or owner who has the means to put you through a background check before that firearm can be given to you. This just complicates things and makes it clear once again the left doesn't understand laws already in place. 

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