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Rand Paul declares war on Obama's executive actions on gun control

 
 
 
 
 
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Sen. Rand Paul has made plans to nullify President Obama’s 23 executive actions on gun control policy, claiming the president is exercising too much power and demonstrating a ‘king complex’.

The Kentucky Senator made a Wednesday night appearance on Fox News’ “Hannity”, during which he outlined the legislation he hopes to pass in order to prevent the president from using his executive powers.

“Our founding fathers were very concerned about us having separation of powers. They didn’t want to let the president become a king,” Paul said. “In this bill, we will nullify anything the president does that smacks of legislation.”

Paul’s bill, the Separation of Powers Restoration and Second Amendment Protection Act of 2013, points to Article I of the Constitution, which states, “All legislative powers herein granted shall be vested in a Congress of the United States.” The bill makes mention of the president’s 23 executive actions, which “could be construed to describe an attempt by the executive to make laws in violation of the Article 1, Sec. 8 of the Constitution and the 2ndAmendment.”

President Obama on Wednesday laid out the 23 executive actions, which he believes will put an end to “the epidemic of gun violence in this country”. His new restrictions would tighten the background check and information sharing system for gun purchases and more closely tackle the issue of mental health. They would also maximize law enforcement efforts at preventing and prosecuting gun crimes and more closely monitor where firearms are stored – especially those recovered in criminal investigations.

Since the president announced these actions without congressional approval, opponents of the measures, including Paul, have criticized the decision. Paul did not discuss his views on the individual actions themselves, but reviewed his concern with the president’s use of his executive powers.

“This idea of checks and balances and separation of powers should be a fundamental one,” he said, explaining his hopes to nullify the president’s gun control actions. Paul said his bill is lagging support from Democrats and could therefore stall in the Senate. But if it were to pass, it would nullify the president’s executive orders, defund them and ask the Senate to file a court challenge to them.

“I’m against having a king,” Paul said. “I think having a monarch is what we fought the American Revolution over and someone who wants to bypass the Constitution, bypass Congress – that’s someone who wants to act like a king or monarch.”

President Obama announced the 23 executive actions without congressional approval, but is relying on legislators to make their own decisions on a number of more significant gun control measures. Obama recommended reinstating the assault weapons ban, restoring a 10-round limit on ammunition magazines, providing mental health services at schools, hiring more police officers, among other policies that require congressional approval.

“I intend to use whatever weight this office holds to make them a reality,” Obama said. “If there’s even one life that can be saved, then we’ve got an obligation to try.”

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  • Zharkov

    A US president can order that existing law be executed by his agencies, but cannot create new law by executive order because he has no constitutional authority to legislate.

    Presidential orders in excess of his authority are inherently a nullity and automatically void.

    Congress can block those executive orders by defunding them or enacting legislation but cannot render them a nullity since they already are null and void.

    If a president, as Obaha has done, routinely exceeds his authority in a pattern of misconduct, Congress should impeach him instead of trying to out-legislate him.

    What Congress needs to do is make it a felony for a federal official to order the violation of any provision of the US constitution. Such a law would force elected officials to personally read the constitution and make a determination that their order complies with constitutional law.

  • Lewis Thomason

    Here are the the Presidential orders that Obama signed. Which of these violate the Constitution or any existing law ?
    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.
    6. Publish a letter from 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 DOJ report analyzing information on lost and stolen guns and make itwidely 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 effectiveuse of new gun safety technologies and challenge the private sector to developinnovative technologies.
    16. Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.
    17. Release a letter to health care 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 ACA exchanges.
    22. Commit to finalizing mental health parity regulations.
    23. Launch a national dialogue led by Secretaries Sebelius and Duncan on mental health.
    It does not appear that any of the executive orders would have any impact on the guns people currently own-or would like to purchase- and that all proposals regarding limiting the availability of assault weapons or large ammunition magazines will be proposed for Congressional action. As such, any potential effort to create a constitutional crisis—or the leveling of charges that the White House has overstepped its executive authority—would hold no validity.

    • Not-a-RINO

      Lewis – If you have ever been paying attention to this President, you should know what he does not say is sometimes more important than what he does say. The devil is in the details and until the average person can read the actual language used for themselves, no one should trust him. Having a healthy distrust of politicians is as American as Mom and apple pie.

  • See

    We in the western world need to wake up! the govt is no longer “we the people” its the banks the builderberg group the cfr the trilateral group, wall street, fema its a few rich and power hungry modern day hitlers slowly distracting the people and we are walking into our own prison camps! wake up against the new world order. So many lies exposed, documented and yet we do nothing to bring them to justice? Why? Our food is controlled and laced our water is controlled and laced we are being enslaved and totally hypnotized by them! He who gives up his liberty for security deserves neither and will get neither!

  • V[rginia

    We must keep our guns and impeach Obama now before the Obama Viper Death Squads start killing Americans who believe in the Constitution and the 2nd amendment. All nations that became communist dictatorships did so when the citizens gave up their guns and that is when mass murders of the citizens began. We must impeach Obama before the guns are gone and the mass killings begin. Call Ran Paul and Tray Gowdy and ask for impeachment orders for Obama now. Obama has ordered the VIPER Death Squads. We must inform our representatives in our states and in Washington now.

    o

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