Biden: W.H. readies 19 executive actions on guns

[happyslug]

88. I have no FAITH that such an Executive Order would survive a Court challenge

But, it is a good facial argument. It would be a good test to see how much leeway the Courts would give to Executive Order AND the Second Amendment. Obama, in many ways a careful politician, I just do NOT see him even trying to make the above argument for he would be afraid of losing. I be tempted to do it, even as I am 90% sure it would fail a court challenge, just to see how far the Supreme Court would permit such an Executive Order to affect something covered by the Bill of Rights.

Remember Obama can NOT pass anything new by Executive Order nor can an Executive Order undo what the Congress has pass. As President, Obama can order that an unconstitutional law passed by Congress is to be ignored as unconstitutional on its face. President Johnston did that in 1968 in regards to Congress's "Repeal" of the Miranda Ruling, a position adopted by President Nixon when he became President and a position every President adopted till Bush I. Under the elder Bush, an order was issued that the Law passed by Congress in 1968 overturning Miranda was to be enforced. This new order and the Congressional "repeal" of a Constitutional Ruling by the Supreme Court was subsequently ruled to be Unconstitutional by the Supreme Court, just as Johnson and Nixon had found such an "repeal" to be when they issued their executive Orders to ignore the "repeal".

Thus, the proposal I propose could be ruled unconstitutional as stretching the right of the President to Regulate the Arm Forces to far. It could be ruled unconstitutional for it interferes with how the otherwise unregulated militia is to be armed for such a regulations had to be passed by CONGRESS not the President. On the other hand, the President is the Commander in Chief of the Armed Forces, including the Militia and preparing the Militia, providing it involved no expenditures of funds (Funding is reserve to Congress), could be within the President's powers.