General Discussion
In reply to the discussion: If an executive order can limit guns, can it also restrict abortion rights? [View all]Xithras
(16,191 posts)EO's can only be issued to clarify operations and wield powers that are ALREADY granted to the President by the Constitution or Congress. As I mentioned in another thread, Harry Truman once issued an Executive Order to nationalize American steel mills. That order was slapped down by the Supreme Court because property seizure wasn't a power that had ever been given to the President. Executive Orders also cannot be used to override any laws that have been passed by the states or Congress.
The President can issue an Executive Order to desegregate the military, because the Constitution places control of the military under the Executive. The President can issue an Executive Order to create a new national park, because the NPS is under the Executive branch and Congress has given it the power to acquire new land. There are lots of things that the President can do with Executive Orders, but they are limited in scope to the powers delegated by Congress.
The President could order the TSA to stop using radiation scanners in airports. The President could NOT order the TSA to start doing random vehicle checks on the interstate freeways (Congress has not given the TSA any authority over our freeways). That's how it works.
Congress has already empowered the FBI and BATF with the ability to perform background checks and control some firearms features. The President COULD use an EO to further refine these powers an potentially expand them. The President could NOT issue an EO that simply banned firearms. One is within the scope of his powers, and the other isn't.