![]() ![]() Watch Live: 'Rage Against the War Machine Rally' in D.C.Voters ‘Strongly Prefer’ Capitalism to Socialism Exclusive - Pence Pushes GOP to Back Social Security, Medicare Reform.Politics Congress Executive Order Supreme Court We need to remain vigilant and not let the President create bogus executive orders that have no Constitutional authority and no statutory authority. We should not abandon our cultural and legal values, in place for over 200 years and created for good reason, because of a few mentally ill people. We need to focus on the mentally ill who commit these crimes. All of us share the grief of the criminal use of guns. The Constitution sets our policy for the long term, and emotions of the day have to be subsumed to those principles. Indeed, every public officer swears to do so. We have a Constitution and it requires that we follow it. ![]() ![]() I, and many Americans, remain troubled by what we see are unconstitutional power grabs by the President. It is within the President’s power to make sure his agencies are complying with that law and submitting records to the AG. This resolution contains other restrictions as well limiting the President’s budget control over firearms policy.Īnother law, the 2007 National Instant Criminal Background Check (NICS) Improvement Amendment Act, requires each federal agency to transfer records to the Attorney General if a record shows that someone is a prohibited firearm possessor under federal law. In other words, the President is expressly prohibited from making a list of gun owners for purposes of then rounding up guns. 18, 2011), that expressly prohibits the President from using any money “to disclose part or all of the contents of the Firearms Trace System database maintained by the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives or any information required to be kept by licensees” except for criminal investigations. Last year the House passed a continuing funding resolution (I would rather vote on budgets but the Senate refuses to pass a budget resolution and has not done so since April 2009), that became Public Law 112-55 (Nov. Thus, the President cannot reallocate ATF money and direct it to make a centralized database of federal firearms purchases because we prohibited that. Nor can the President do something Congress has prohibited. Indeed, any fair reading of those laws would conclude they could not support a domestic gun ban. How that justification, based on large scale weapons of mass destruction, could be interpreted to include Chinese hand guns is unclear and problematic. As stated in the Order itself, “the proliferation of nuclear, biological, and chemical weapons (”weapons of mass destruction”) and of the means of delivering such weapons, constitutes an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and hereby declare a national emergency to deal with that threat.” President Clinton Executive Order 12938 (1994). If that occurred, it would have been a serious overreach of the application of the authority set forth in that Executive Order, which President Clinton said at the time was being implemented under the International Economic Powers Act, the National Emergencies Act, and the Arms Export Control Act. 12938) in 1994 where some Chinese firearms and ammunition were restricted from import. President Obama may point out that President Clinton issued an executive order (No. ![]()
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