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Obama Doesn’t Have The Power

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  • President Obama has no authority to create new gun laws or interpret existing laws.
  • The courts will undoubtedly rule against these new provisions the first opportunity they are given. 
  • The President enforces the Constitution, he does not re-work it. 

President Obama announced Tuesday that he is issuing an executive order on guns and background checks. Here’s a look at what the president is doing and if it is even legal under the Constitution of the United States.

Just what is an executive order?  A presidential executive order is a written instruction to persons in the executive branch of the federal government informing them of the manner in which the president wants federal laws or regulations enforced. Executive orders do not direct private persons, or persons in the legislative or judicial branches of government. Executive orders remain in effect until abandoned or rescinded by the president who issued them or by a successor president.

See RelatedObama Is A Tyrant

President Obama has very little room to issue executive orders on guns because the congressional legislation is so extensive, detailed, and clear. The principal thrust of the president’s orders addresses the requirement for background checks in occasional sales and the requirement that occasional sellers become federal licensees and the imposition of reporting upon physicians.

Congress has expressly removed occasional sales (sales not made by full-time dealers) from the obligation of obtaining federal licenses and from conducting background checks.

The president is without authority to negate the congressional will on this, and any attempt to do so will be invalidated by the courts. Mr. Obama will now require that anyone who sells a gun, that is even an “occasional” seller will be required to perform a background check. By defining what an “occasional seller” is, the president is essentially interpreting the law, a job reserved for the courts.

The courts will ignore his interpretation, and impose their own.

As well, by requiring physicians to report conversations with their patients about guns to the Department of Homeland Security, (yes, even an innocent conversation in the examination room, “we gave Bobby a bee bee gun for Christmas, we plan to get him some instruction on how to use it”) the president will be encouraging our government to invade the patient/physician privilege.

But wait, there’s more. The Supreme Court has made it clear that the right to keep and bear arms is a fundamental liberty. Under the Constitution, fundamental liberties (like speech, press, worship, self-defense, travel, privacy) are accorded the highest protection from governmental intrusion.

One can only lose a fundamental right by intentionally giving it up, or via due process (a jury trial resulting in the conviction of criminal behavior). President Obama —  whose support for the right to keep and bear arms is constitutionally limited to the military, police, and his own heavily-armed body guards —  is happy to begin taking America to a slippery slope down the dark hole of totalitarianism whereby a president can negate liberty.

Finally, we still have a Constitution in America. Under the Constitution, Congress writes the laws, the president enforces them, and the courts interpret them.

President Obama can no more write his own laws or impose his own interpretations upon them than the Congress or the courts can command the military.

Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel.

 

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64 Comments

64 Comments

  1. Pingback: Alabama Is Standing Up For States Rights - Absolute Rights

  • Elizabeth says:

    American have the right to bear arms.

  • Mark Macias says:

    It is common sense that criminals do not obey laws. Passing laws that only law abiding people will obey,is like trying to put air in your cars flat tire without fixing the hole first. So bad people keep there guns, and the rest of us are turned into criminals because we see the need to defend our self’s from the evil people. Why is everybody afraid to say there are evil people in our midst that will kill you for the shoes on your feet? The leaders in this country sidestep this issue by saying if only thy had the advantages of wealth, if only there ancestors were not discriminated against. I feel it is time to hold each person accountable for what they do. To just sit in poverty sucking the life from those that work I would call that modern day enslavement of the working class. All the people that dragged themselves out of poverty went to school ,worked 2 jobs so they could pay for collage so there family’s could have a better life , should be pissed that we have to support people that are able to work! I don’t expect any leader in this country to have the courage to address any of these problems, lets face it lazy people and the evil people vote, all our leaders care about is just getting reelected .

  • James Shaddix says:

    He is by passing the legal process which makes his actions illegal and unconstitutional.

  • Obama has researchred everything you know and he OES HAVE A RIGHT TO DO HIS WOREK

  • Rogelio Hermosillo says:

    Obama doesn’t have the power to violate the supreme law of the land our constitution, yet at every turn he violates the oath he took and shreds the very foundation of our founding fathers plan. he can not make laws by fiat, the house and senate make the laws and Obamas pen and phone do not beat out the constitution.

  • Robert Barenbrugge says:

    He doesn’t get it, if you want a good massacre setup a gun free zone!! A gun has never killed anyone, People kill People.

  • Ernest Skaggs says:
  • ruth says:

    He is going against the Constitution of the United States and thinks he is Emporer, we have let him be the Emporer Without Any Clothes for way too long and wake up or we won’t have a country, And those tears, really Obama!

  • Charles Horn says:

    He has no authority to change any laws, only to uphold the law. Congress makes the laws, this is the second amendment and the last words are shall not be infringed.

  • Thomas Slavik says:

    Congress makes the laws and the President can make sure they are followed.

  • Les Opie says:

    Obama forgetting about Congress and the whole American process of getting laws passed, we have more than enough gun laws the problem in that they are not being enforced!!! Why???

  • larry says:

    He needs the approval of congress and it is unconstutionual.

  • Winona says:

    In the first place, Obama is NOT a legally elected official, having lied his way into politics in the first place, has submitted a false Social Security Number, has NOT used his real name in anything, or if he HAS a real name, I don’t believe Obama was it when he entered this country. I did read whereas he had his name changed in Canada from Soetoro to Obama about fifteen to twenty years ago, so just who is he? He got into the country on a foreign student’s visa, had some foreigner pay for all of his education, and admits to using up to five different names during his early days in the U.S. Again, WHO IS HE?

  • Hannibal says:

    When ever the so called president took office, he has been trying to be our dictator, and does what he feels that is right in his eyes and not what the people want.
    Im suprised that he hasnt been thrown out of office with all the libertys he has thrown out the window, just to make himself look like, he was god walking on water, and our savour!
    So this is what I think he can do, HE CAN KISS MY FUCKING ASS

  • bill scudder says:

    Obama belongs in a federal prison for treason. his executive orders are worthless. Greg Abbott the Texas Governor, told them to come and take it. Texas will not allow this foolishness.

  • Larry markette says:

    Our government has three branches designed to safely separate the powers between the legislative branch, the judicial branch and the executive branch. Obama’s “directives” are beyond his elected/appointed power and should be grounds for his impeachment.

  • jc says:

    We need someone that is strong and does the will of God.

  • mona callender says:

    obozo should have been impeached, tried for treason a long time ago…BUT WE HAVE HAD people like this judge Napolitano NOT OPEN HIS MOUTH ENOUGH….these people are just paid entertainers…. they are the real problem…. the MEDIA….. we need to send a message to these so called no-it-all’s and tell them to shut up and get off the air ways, they are helping this traitor in the white house get what he wants….. how? BY NOT SAYIING A DAMN THING WHEN HE DOES SOMETHING ILLEGAL…OR constitutional…. but oh no, they don’t want to loose their damn jobs…. well you’ve lost America…. now what moon-Dick????? YOUR THE PROBLEM… so just shut the Frick up….. yes I’m pisssed…..at all of them…. the 535 legislators that wont do a damn thing to stop him…. and the media just coddling him. BS. America is burning and these A-HOLES say one thing for the constitution and they think they have got a handle on it….. nope your just as much the problem as he is….. worse if you ask me.

  • James H. Morton says:

    He’s exceeded his constitutional authority.
    We need politicians who obey and uphold their oath to obey and defend the constitution.
    The progressives have been trying to progress beyond the constitution for over a 100 yrs. and it really doesn’t matter if they are on the left or the right.
    Take the original bill of rights, if it says “the people” that’s exactly what it means. Yet people and some times Judges try to make it mean something totally different. But how many people these days are taught or even bother to read our founding documents any more. And that’s exactly the way the progressives like it.

  • W. M. Douglas says:

    He knows nothing about the Constitution! Congress needs to refuse to fund this overreach by this Dick Tator and shut his ass down!

  • charles leonard says:

    because of the 2nd ammendment,maybe the republicans will figure this out,if they last long enough.they have been kissing up to the left wing liberals too long. i think i will reregister as an independent voter. i like trump and cruz. 7

  • Hugh Burnett says:

    Only dictators have such power. No one person should have the power or authority to make laws. Laws can only be made by Legislators.

  • ART says:

    because he is in violation of our 2nd amendment rights

  • george aubert says:

    He has no power he should be in jail for fraud as he is not an American Citizen he was born in Kenya, and then he should be deported, he is a criminal

  • Richard says:

    1st he hasn’t got the backing of congress, and he lacks the “manhood” to actually do anything that is above board and honest..!

  • ed poisson says:

    He is not our pres. . He is a RAG HEAD MUSLIM. Should be in jail.

  • Brian Palmer says:

    Nobama can only enforce existing laws,NOT make his own.If we wanted a comedian in office,we should have voted for a real one,Eddie Murphy.At least he is funny and not a LIAR

  • Sharon L. Cook says:

    It’s time our oath taking military honored their oath they took to defend constitution against all enemies and remove him without further delay.

  • Edward Nance says:

    It called the 2nd amendment to the Constitution

  • David Kervin says:

    Our head idiot has thought since day 1 he is above all law and above the constitution and above God. This ahole should have been run out of office along time ago and should never been in it in the first place and maybe should have learned how our government and laws worked before even attempting to enter office.

  • William Ramsdell says:

    King Obama can’t restrict our constitutional right by executive order!

  • roland cook says:

    the oath of office is to protect us from dictators like him

  • David Kilpatrick says:

    He doesn’t have the authority to “re-write” our Constitution. However, he has proven over the past seven years that he doesn’t enforce it, either.

  • Name says:

    Dictator Obama continues to overstep the authority of the office of President by interpreting and changing the laws of the United States – he must enforce existing laws, not change or interpret them. furthermore, he needs to enforce all laws and not select certain ones and ignore others. Obama is our most lawless president ever, I thought Nixon was bad, Nixon is JV compared to Obama

  • Gary D Flatt says:

    If don’t understand by now, it’s too late. YOU are too brain dead.

  • David says:

    Click on this link… https://en.m.wikipedia.org/wiki/File:President_Obama_Re-Takes_Oath.ogg
    Obama swore to uphold the Constitution!!!
    On January 21, 2009, Chief Justice Roberts administered the presidential oath a second time to Barack Obama “out of an abundance of caution,” according to the White House, because, when the oath was administered to President Obama the first time in the public inauguration ceremony, the word “faithfully” was misplaced. The second oath was administered in a simple, private ceremony in the Map Room of the White House. Obama’s oath-retaking differed from all his predecessors’ in that the private ceremony happened after the public one. Obama’s two oaths in 2009 and his two oaths in 2013 tie him with President Franklin D. Roosevelt, because each took the oath four times, the most ever recorded.

  • William W. Woods says:

    If the mealy-mouthed Republicans would take a stand they could override the Executive Branch of Government with there own Legislative Branch.
    Obama is just trying to clear the way for his Islam Terrorists buddies!

  • George says:

    In all his time as an adjunct professor, preaching his lies of “faults” in my perfect U.S. Constitution, Barry Soerto, our would be dictator, never grasped the meaning of …”shall not be infringed”. He does NOT have the right legally or morally to do so !!!!! It’s simple!

  • al lewis says:

    it is time to impeach this one man show

  • marie says:

    i am a private person,,I intend to stay?

  • Daniel Stephens says:

    Congress makes the laws, the Executive Branch enforces them! The Executive Branch can not write or change law. It can only enforce the law.

  • JonW says:

    He is not a King. Going around congress to violate constitutional laws is criminal.

  • Laurie says:

    Only congress can write laws.

  • David Blakeman says:

    Why make new laws when the existing laws are not enforced?

  • ron b says:

    Stop this bastard anyway we can. He is not for AMERICA

  • Linda says:

    It is unconstitutional

  • Thomas says:

    Impeach the traitor!

  • Bruce Lundberg says:

    The P.O.S isn’t King,Emperor, Dictator ETC. How in the Hell do people not understand that?

  • Al says:

    The Constitution is the law of the land and Congress along with the states have the power by a majority vote to change or alter an amendment. The tin pot dictator in the White House has no authority by executive or any other order to usurp the Constitution. While he’s at it, we the people would like to see his records………all of them as required by law. Going on outragiously expensive vacations and playing more rounds of golf than Tiger Woods while the nation is under attack and vastly going bankrupt is emblematic of a fraud!

  • Michael J Nellett says:

    Obama does NOT have the power to change American law, the Constitution, or the Bill of Rights period!

  • david34a says:

    He is not following a court ruling

  • amaes says:

    He can’t make up his own laws.

  • Roy L. Richards says:

    I hope there is some one in Washington that is not afraid to stand up to Obama the muslim that should be in Hollywood he is a very good actor in front of the right people. He doesn’t care who or how many gets killed as long as it is Americans.

  • Camille Gilliam says:

    The Constitution says he does not have the power, and he is not an American citizen.

  • Wayne says:

    Obama is not the king

  • Frank Woo says:

    He is not the president, He is a member of the ISIS brother hood gang which lied and the Senate of the United States loved to kiss his ASS and eat his SHIT so now he loves it so much that he won’t leave. The RINOs are in line waiting there turn.

  • Marshall Gravatt says:

    This man is like a spoiled child that had his mind set on dismantling the nation and having all who do not heed him as King and Emperor to live in fear and intimidation.

  • Steve says:

    Steve when America has a weak president there is always trouble throghout the world. Evil nations take advantage of the lack of strong leaderships and our friends do not believe we will be with them if needed.

  • David Marsters says:

    He is a no good traitor and should arrested for treason, NOW

  • Jean buisserrth says:

    Let’s the boat rides. Don’t Worry the president doing the right. Thinks. You see j m a democrat one vote for is sander but he can’t win j m thinking to vote. Republi can But no tea party maybe trump Georgina Carson stool change my mind j think we need a ticket

  • Charles Williams says:

    There is a 2nd amendment to the constitution that must be followed.

  • Guy Nevins says:

    Executive branch of our government has NO authority to make laws. What the president suggests ( Executive Orders ) can only be made into law if it gets voted on by Congress & the House & passed by them. Why do they choose to ignore the laws the are supposed to protect ?

  • marie says:

    people need for protection

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