Reply #28

In the discussion thread: Biden On Guns: Executive Order Is On The Table [View all]

Wed Jan 9, 2013, 02:17 PM

Xithras (13,503 posts)

28. It will be interesting to see what he can do. The scope of Executive Orders is limited.

They can only be used to define (or refine) powers already delegated to the Executive branch by Congress. Harry Truman famously tried to nationalize steel mills during the Korean War by an Executive Order. That led to Youngstown vs. Sawyer, in which the Supreme Court ruled that the attempt was illegal, because Congress had not passed any laws giving the President authorization to seize or control private property that way.

The President could NOT, for example, issue an order seizing all guns, or instituting new taxes on guns, because those powers are not given to him or are reserved for Congress. However, the BATF and FBI are under the Executive, and Congress HAS given them powers to implement background checks and register some types of firearms. The President COULD potentially implement an Executive Order that expanded these, so long as his order didn't try to override any existing laws.

He certainly has some room to work within the confines of his existing powers, so it will be interesting to see what the White House can come up with.

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127 replies	Author	Time	Post
Biden On Guns: Executive Order Is On The Table [View all]	DonViejo	Jan 2013	OP
K and R for all the Alex Jones fans	Kingofalldems	Jan 2013	#1
K and R of the Alex Jones Fans n/t	Pachamama	Jan 2013	#42
Okay, then, just for them:	freshwest	Jan 2013	#81
I have a problem with issuing 'executive orders' on this...	TheProgressive	Jan 2013	#2
Discussion? okay.	mac56	Jan 2013	#3
Anwar al- Awlaki	TheProgressive	Jan 2013	#10
Didn't he renounce his citizenship and	EC	Jan 2013	#15
Type this in your Internet Search 'obama can assassinate americans'	TheProgressive	Jan 2013	#21
lol...that search should get you targeted.	didact	Jan 2013	#108
Yeah, American citizens that don't associate with terrorists are safe. nt	Comrade_McKenzie	Jan 2013	#24
Define "terrorist"	demwing	Jan 2013	#27
I'm not paranoid enough to believe the government is targeting the average Joe...	Comrade_McKenzie	Jan 2013	#99
Let's just throw away due process and the Geneva conventions while we're at it.	Ash_F	Jan 2013	#58
I understand your frustrations. Please read my reply above.	Comrade_McKenzie	Jan 2013	#100
Your lack of qualms comes from ignorance	Ash_F	Jan 2013	#102
The problem there is ...	Akoto	Jan 2013	#4
Since when is telling the truth a 'pot-shot'?	TheProgressive	Jan 2013	#11
But therein lies the problem.	WeekendWarrior	Jan 2013	#49
Let me re-phrase... these are 'facts'...	TheProgressive	Jan 2013	#50
But whose facts?	WeekendWarrior	Jan 2013	#53
What facts are you questioning?	TheProgressive	Jan 2013	#62
Obama should executive order that all legal guns are WMD & treat them like terrorists are treated	graham4anything	Jan 2013	#5
Executive Order	mpdog	Jan 2013	#33
I see what you're saying	brew987	Jan 2013	#48
This site is getting way out there lately	Mojorabbit	Jan 2013	#80
+1 n/t	Ashgrey77	Jan 2013	#86
Sarcasm	mpdog	Jan 2013	#93
My first amendment right is violated by some stupid ass reading of 2nd by corrupt court	graham4anything	Jan 2013	#63
So you'll just say screw the rule of law?	NutmegYankee	Jan 2013	#75
all we need is a new interpretation by a different court-by end of Hillary45, in 2025	graham4anything	Jan 2013	#90
Rights	mpdog	Jan 2013	#95
yes, a gun stops me from breathing	graham4anything	Jan 2013	#96
For someone who has stopped breathing...	NutmegYankee	Jan 2013	#110
Well, if 'TheProgressive' sez so... nt	onehandle	Jan 2013	#7
I appreciate your deep and thoughtful comment...(?)	TheProgressive	Jan 2013	#13
It will be interesting to see what he can do. The scope of Executive Orders is limited.	Xithras	Jan 2013	#28
Thanks for your thoughtful input...	TheProgressive	Jan 2013	#36
what executive order are you referring to where he	CitizenPatriot	Jan 2013	#46
Not an executive order...	TheProgressive	Jan 2013	#47
It would be more helpful if you make a claim	CitizenPatriot	Jan 2013	#65
Here ya go...	TheProgressive	Jan 2013	#70
I'm sure that President Obama and	billh58	Jan 2013	#85
Well Bill...	TheProgressive	Jan 2013	#88
Thanks again for your	billh58	Jan 2013	#92
It seems....	TheProgressive	Jan 2013	#103
Let's see...	billh58	Jan 2013	#104
You are correct. He can only do certain things.	Jennicut	Jan 2013	#38
I gotta agree wuth you on this.	Great Caesars Ghost	Jan 2013	#51
I doubt the House of Representatives would let it stand anyways.	bubbayugga	Jan 2013	#56
No one knows what EO he could issue...my point is that great care must be taken.	TheProgressive	Jan 2013	#61
I agree. I am uncomfortable with the recent tendency toward executive orders.	razorman	Jan 2013	#67
100% in agreement.	amandabeech	Jan 2013	#74
I'm surprised at this,	Waiting For Everyman	Jan 2013	#6
If he does nothing	DonCoquixote	Jan 2013	#8
I agree, and I'm not against him doing it.	Waiting For Everyman	Jan 2013	#19
Good. nt.	Warren Stupidity	Jan 2013	#9
Indeed. They're long past due for a fucking (metaphorically.) nt	Chorophyll	Jan 2013	#16
This post was hidden by jury decision.	aardvark401	Jan 2013	#66
Neither was chimpy shrub but you didn't have any problem at all	ChisolmTrailDem	Jan 2013	#69
K&R	SunSeeker	Jan 2013	#12
This will not end well	Redford	Jan 2013	#14
Agreed...	Coyote_Tan	Jan 2013	#30
I agree	obama2terms	Jan 2013	#73
The clips will probably be limited to 95 rounds.	ErikJ	Jan 2013	#17
You said clips!!11!!1!1	klook	Jan 2013	#37
K&R nt	Chorophyll	Jan 2013	#18
Ram it down their throat	mwrguy	Jan 2013	#20
Exactly correct...the time for "conversation" with the gun nut assholes is over	alcibiades_mystery	Jan 2013	#31
Congress sat on their hands and did nothing after Congresswoman Giffords was shot	rightsideout	Jan 2013	#22
Good idea if Congress won't act...	humbled_opinion	Jan 2013	#23
Fast. Walmart meets with him tomorrow and has pulled some gun types off of sales.	Sunlei	Jan 2013	#25
Walmart's too busy to meet with Biden...	DonViejo	Jan 2013	#29
Walmart changed their mind today and will meet tomorrow, they are USA top gun seller	Sunlei	Jan 2013	#40
Thanks for that news, Sunlei! nt	DonViejo	Jan 2013	#54
Can't create a national gun registry by Executive Order	Xithras	Jan 2013	#35
They already have some kind of registry?. mexico was asking for the names and addresses.	Sunlei	Jan 2013	#41
That's where things get tricky.	Xithras	Jan 2013	#43
Until Congress sends a Bill to Obama, I think this is an excellent idea.	Hoyt	Jan 2013	#26
Well, nothing's coming out of the House on this, so EO may be the only way	Recursion	Jan 2013	#57
True. The Republican House will not pass anything that will tick off bigots.	Hoyt	Jan 2013	#59
You might want this, but	christx30	Jan 2013	#118
I think it's a public safety issue	riverwalker	Jan 2013	#32
My concern is for Obama and Biden. You know	Frustratedlady	Jan 2013	#34
I worry too.	Jennicut	Jan 2013	#39
I always worry about that and for their families.	Sunlei	Jan 2013	#44
My stomach dropped when I saw the headline when I logged on.	AngryOldDem	Jan 2013	#72
Neocons are already screaming	VA_Jill	Jan 2013	#45
And approved of guns being taken away after Katrina.........	thelordofhell	Jan 2013	#52
Post-Katrina, guns were not being taken away ...	JustABozoOnThisBus	Jan 2013	#55
An executive order that will just be undone by the next (R) president, instead of real reform.	Socal31	Jan 2013	#60
The Wingnuts are already freaking out here in Oklahoma	Joey Liberal	Jan 2013	#64
Oh boy is this great	XRubicon	Jan 2013	#68
Obama has stated he will do whatever is in his power and if Congress sits on their butts they might	Thinkingabout	Jan 2013	#71
Excellent, All Necessary First Steps Toward Repealing The 2nd Amendment - Thank You Joe!	cantbeserious	Jan 2013	#76
This post was hidden by jury decision.	fiddlesticks	Jan 2013	#77
This will probably get me banned, but the truth is often an invitation to hate:	fiddlesticks	Jan 2013	#78
all the gov can do is hit the dealers	larkrake	Jan 2013	#79
Per the video: they're meeting with the NRA and GOA, listening to them, too.	freshwest	Jan 2013	#82
GUESS WHAT? Gunowner Rights Protected By ObamaCare...	freshwest	Jan 2013	#83
Youtube version CNN Secret Gun Provision Hidden In Obamacare:	freshwest	Jan 2013	#84
Interesting, since our pediatrician ask about general hazards in and around the home.	Claybrains	Jan 2013	#107
What slippery slope? Only slippery for those who carpet their home with banana peels.	freshwest	Jan 2013	#109
I agree with you. It should be ask. nt	Claybrains	Jan 2013	#113
I didn't say it should be. It's what the law states, CT hysteria to the contrary.	freshwest	Jan 2013	#114
ok ok for christ's sake. I see your point. jeez	Claybrains	Jan 2013	#120
What made you say slippery slope? It sounded like you were against gun control.	freshwest	Jan 2013	#121
Easy Trigger, I read the thread and picked the term from there.	Claybrains	Jan 2013	#122
I know how to interpret tbis. I have experience in the field. So...	DevonRex	Jan 2013	#115
Thank you. Thus the ACA, etc. is not a tool to go after gun owners. EOM.	freshwest	Jan 2013	#116
EO is probably the only option.	Dr_Scholl	Jan 2013	#87
executive order =/= law. n/t	D23MIURG23	Jan 2013	#89
The sooner the better, to stem all this absurd & obscene hoarding & stockpiling of guns ~nt	99th_Monkey	Jan 2013	#91
When does Dumbass Gun Nut 1776 begin?	jpak	Jan 2013	#94
When it does, I know I'll be glad we have the NDAA. nt	Comrade_McKenzie	Jan 2013	#101
When they run out of Cheetos!	freshwest	Jan 2013	#117
the man has guts...	actslikeacarrot	Jan 2013	#97
The threat or execution of an "Executive Order" is going to feed the paranoia ....big time. n/t	L0oniX	Jan 2013	#98
To Hell With The 2nd Amendment	Red Sox	Jan 2013	#105
mmhmm	RandiFan1290	Jan 2013	#106
And a fond farewell	billh58	Jan 2013	#111
Then, of course that will take a constitution convention	Great Caesars Ghost	Jan 2013	#112
And then him and Biden would be impeached, and rightfully so	Ter	Jan 2013	#119
Someone tell me	Skyline	Jan 2013	#123
I believe that	billh58	Jan 2013	#124
We certainly hope that you	billh58	Jan 2013	#125
good for Biden to say that	samsingh	Jan 2013	#126
good for Biden to say that	samsingh	Jan 2013	#126

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