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Snooky1953
Senior Contributor

Here's some pretty interesting stuff.

Been reading how Obama is by-passing Congress on gun control by issuing 23 EOs that call for banning assualt weapons and high volume magazines etc.  THEN, I read the list.  NOTHING, NADA, ZILCH about any of that.

 

President Barack Obama said Wednesday he will take these actions by Executive Order: 

1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background-check system.

2. Address unnecessary legal barriers, particularly relating to the Health Insurance Portability and Accountability Act, that may prevent states from making information available to the background-check system.

3. Improve incentives for states to share information with the background- check system.

4. Direct the attorney general to review categories of individuals prohibited from having a gun to make sure dangerous people are not slipping through the cracks.

5. Propose rulemaking to give law enforcement the ability to run a full background check on an individual before returning a seized gun.

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6. Publish a letter from the Bureau of Alcohol, Tobacco and Firearms and Explosives (ATF) to federally licensed gun dealers providing guidance on how to run background checks for private sellers.

7. Launch a national safe and responsible gun ownership campaign.

8. Review safety standards for gun locks and gun safes (Consumer Product Safety Commission).

9. Issue a Presidential Memorandum to require federal law enforcement to trace guns recovered in criminal investigations.

10. Release a Department of Justice report analyzing information on lost and stolen guns and make it widely available to law enforcement.

11. Nominate an ATF director.

12. Provide law enforcement, first responders, and school officials with proper training for active shooter situations.

13. Maximize enforcement efforts to prevent gun violence and prosecute gun crime.

14. Issue a Presidential Memorandum directing the Centers for Disease Control to research the causes and prevention of gun violence.

15. Direct the attorney general to issue a report on the availability and most effective use of new gun-safety technologies and challenge the private sector to develop innovative technologies.

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16. Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.

17. Release a letter to healthcare providers clarifying that no federal law prohibits them from reporting threats of violence to law enforcement authorities.

18. Provide incentives for schools to hire school resource officers.

19. Develop model emergency-response plans for schools, houses of worship and institutions of higher education.

20. Release a letter to state health officials clarifying the scope of mental health services that Medicaid plans must cover.

21. Finalize regulations clarifying essential health benefits and parity requirements within Affordable Care Act exchanges.

22. Commit to finalizing mental-health parity regulations.

23. Launch a national dialogue led by Secretaries Sebelius and Duncan on mental health.

 



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9 Replies
KNAPPer
Senior Contributor

Re: Here's some pretty interesting stuff.

I posted those two weeks ago (see below) when they first came out. None of them care. They are only interested in exaggerating and changing the subject, but mostly opposing anything Obama says or does. I think some don't even realize that actual legislation is done by Congress. I am pretty sure most would be opposed to any democratic president's executive orders and for any republican's executive orders. It's interesting indeed because many would agree with these things and some have even expressed such (until they realized Obama suggested it to begin with).

 

http://community.agriculture.com/t5/Ag-Forum/Gun-Control-Update/m-p/292115

 

Nebrfarmr
Veteran Advisor

Re: Here's some pretty interesting stuff.

FWIW, I am against any executive orders, that are not consistent with the intent of an executive order.

I didn't comment on Obama's, until now, because I didn't get to read the full list.


They way I understand it, an executive order, is intended to give the President the power to give 'orders' to aid and direct those, who are doing what Congress authorizes them to do.

For example, Congress could authorize money for Flak Jackets for troops, and the President could give an executive order, to send the first batch of them directly to the troops in Afghanistan.

 

However, I am against using executive orders to 'get around' current laws, that is not their intention.

 

From the brief descriptions on your list, for the most part, they aren't the evil some made them out to be, but on the other hand, depending on the details, some may overreach a bit.

For example, incentives are mentioned.   That is pretty broad, and can be anywhere from something simple, to something onerous.

 

Ditto the 'safe and responsible' program.   As defined by whom?  And 'safety standards' for gun safes could be anything from a pick-resistant lock, to time locks, so the safe could only be opened during business hours of a target range (as an extreme example).   Again, anything from simple and helpful, to onerous and cumbersome.

 

"maximize efforts to prevent gun violence'.  For some, that may be background checks, for others, confiscation.

 

I think a lot of effort went into the wording of the EEs, to make them appear as benign and vanilla as they could, but that has the result of giving opponents plenty of leeway, to interperet what it MIGHT mean.   Without more details, they really can't be 'proven' wrong.

 

 

 

BA Deere
Honored Advisor

Re: Here's some pretty interesting stuff.

Why, was there a Righto claiming that "0bama banned assaultweapons and 10 rd clips by executive order"?   I hadn`t heard that, I have heard Fineswine slinging her gun bann bill And I have heard ol` `Plugs and choppers`  saying "If congress doesn`t ban these scary guns, the administration will SEE what it can do with an executive order"...FYI.

johnaa
Advisor

Re: Here's some pretty interesting stuff.

Best to understand the history of Executive Orders.  The Honest SOB Abe invented powers beyond the scope of directives to agencies issued by Presidents to administer laws made by Congress. 

 

   Presidents have claimed "emergency Powers' an invention under Wilson and manipulated a anti-Constitutional legislation.  Also recently the "Deciders" have further extended the 1917 'Trading with the enemy act to bypass congress 

 

   snip-  There is no Constitutional authority for the Executive to bypass Congress and make legislation, however under traitorous party partisanship Congress has been conspiring to enlarge upon precedents set in the past.    Although there is no constitutional provision or statute that explicitly permits executive orders, there is a vague grant of "executive power" given in Article II, Section 1, Clause 1 of the Constitution, and furthered by the declaration "take Care that the Laws be faithfully executed" made in Article II, Section 3, Clause 5. Most executive orders use these Constitutional reasonings 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]

 

snip---Presidential directives are considered a form of executive order issued by the President of the United States with the advice and consent of a major agency or department found within the Executive branch of government.[5] Some types of Directives are the following:    National Security Directives, Homeland Security Presidential Directives (presidential decision directives) 

   I'm sure when many half-wits were defending "The Decider" they had no idea they were supporting dictatorial powers which is now biting them where they keep their heads.

 

  Until 1952, there were no rules or guidelines outlining what the president could or could not do through an executive order. However, the Supreme Court ruled in Youngstown Sheet & Tube Co. v. Sawyer, 343 US 579 (1952) that Executive Order 10340 from President Harry S. Truman placing all steel mills in the country under federal control was invalid because it attempted to make law, rather than clarify or act to further a law put forth by the Congress or the Constitution. Presidents since this decision have generally been careful to cite which specific laws they are acting under when issuing new executive orders.                                                    

    Wars have been fought upon executive order, including the 1999 Kosovo War during Bill Clinton's second term in office. However, all such wars have had authorizing resolutions from Congress. The extent to which the president may exercise military power independently of Congress and the scope of the War Powers Resolution remain unresolved constitutional issues, although all presidents since its passage have complied with the terms of the Resolution while maintaining that they are not constitutionally required to do so.

snip--Critics have accused presidents of abusing executive orders, of using them to make laws without Congressional approval, and of moving existing laws away from their original mandates.[7] Large policy changes with wide-ranging effects have been effected through executive order, including the integration of the armed forces under Harry Truman and the desegregation of public schools under Dwight D. Eisenhower.             

       --One extreme example of an executive order is Executive Order 9066, where Franklin D. Roosevelt delegated military authority to remove any or all people (used to target specifically Japanese Americans and German Americans) in a military zone. The authority delegated to General John L. DeWitt subsequently paved the way for all Japanese-Americans on the West Coast to be sent to internment camps for the duration of World War II.

 

  Executive Order 13233, which restricted public access to the papers of former presidents, was more recently criticized by the Society of American Archivists and other groups, stating that it "violates both the spirit and letter of existing U.S. law on access to presidential papers as clearly laid down in 44 USC. 2201–07," and adding that the order "potentially threatens to undermine one of the very foundations of our nation". President Obama later revoked Executive Order 13233 in January 2009.[8]

 

johnaa
Advisor

The missing link

Nebrfarmr
Veteran Advisor

Re: The missing link

John, those were interesting.


So, if I understand right, EOs are basically for the Presidnet, to direct specific actions, to carry out the laws that Congress has passed.

johnaa
Advisor

Re: The missing link

  That's about it as I understand it, however, it seems it is up to Congress to keep the executive in line, which I think is a bad joke.

gough whitlam
Senior Contributor

Re: Here's some pretty interesting stuff.

Of course all the gun nuts will rise in unison to that loaded question but I won't.  I agree with everything he has said and done so far. I hope he takes half the guns of you guys - at least. Watch for future developments after Obama gets a little grip on his opposition for their bipartisanship on guns regs.  Remember, you heard it here first.  Even the NRA will not be able to stop the juggernaut when it gets momentum.

johnaa
Advisor

Re: Here's some pretty interesting stuff.

  You seem to believe a President has dictatorial powers or should have.  Raised and conditioned to be a fawning subject, incapable of self determination.