Page 1 of 5 123 ... LastLast
Results 1 to 10 of 45

Thread: What is the process for battling an EO?

  1. #1
    Site Supporter HeavyDuty's Avatar
    Join Date
    Sep 2016
    Location
    Not very bright but does lack ambition

    What is the process for battling an EO?

    It’s looking inevitable that Biden is going to win. Assuming he follows through with his threat to go after semis and standard capacity mags via an executive order, what is the process for fighting that? Legislative or via the supremes?
    Ken

    BBI: ...”you better not forget the safe word because shit's about to get weird”...
    revchuck38: ...”mo' ammo is mo' betta' unless you're swimming or on fire.”

  2. #2
    Site Supporter
    Join Date
    Jan 2012
    Location
    Georgia
    Quote Originally Posted by HeavyDuty View Post
    It’s looking inevitable that Biden is going to win. Assuming he follows through with his threat to go after semis and standard capacity mags via an executive order, what is the process for fighting that? Legislative or via the supremes?
    An executive order can be overturned by a President, or by Congress if the President was acting with Congressional authority, or by the courts. These rarely succeed, but it's possible.

    So either a case is taken up by the court(s) or we wait until there is a different President with sufficient motivation to overturn it.

  3. #3
    With 47 years of jack shit accomplished - we’re giving the man * a lot* of credit to start worrying already

  4. #4
    I’m curious what kind of executive order people believe President Biden would be able to issue to attack semi auto firearms and their magazines. All I can think of is ordering the ATF to ban imports of foreign firearms and accessories.
    My posts only represent my personal opinion and do not necessarily reflect the opinions or official policies of any employer, past or present. Obvious spelling errors are likely the result of an iPhone keyboard.

  5. #5
    Site Supporter
    Join Date
    Sep 2014
    Location
    End of the rainbow
    Quote Originally Posted by DanM View Post
    I’m curious what kind of executive order people believe President Biden would be able to issue to attack semi auto firearms and their magazines. All I can think of is ordering the ATF to ban imports of foreign firearms and accessories.
    I agree. I see Biden going for something like the 34 NFA act or 68 gca. And let’s face it even with who we have on the Supreme Court I don’t see a roberts court effectively protecting the 2nd amendment

  6. #6
    Quote Originally Posted by Duke View Post
    With 47 years of jack shit accomplished - we’re giving the man * a lot* of credit to start worrying already
    It’s not like he knows what’s going on, it’s Kamala and the rest of the Cong that will indeed focus on guns.
    #RESIST

  7. #7
    Site Supporter HeavyDuty's Avatar
    Join Date
    Sep 2016
    Location
    Not very bright but does lack ambition
    I could have sworn seeing a tweet from him about reclassifying items via EO, like what Trump did with bump stocks... maybe it was a fever dream.
    Ken

    BBI: ...”you better not forget the safe word because shit's about to get weird”...
    revchuck38: ...”mo' ammo is mo' betta' unless you're swimming or on fire.”

  8. #8
    Member wvincent's Avatar
    Join Date
    Mar 2013
    Location
    The 605
    Not so easy to rescind EO's, look how DACA turned out.

    Try this on for size. "Firearm violence is a national health issue, (just like Covid-19), therefore, in the interest of public safety, using my emergency presidential order powers, all fire arms except for LE or the military must be turned in to a secure GOV facility for safekeeping".

    Have fun dancing for the Supremes trying to get that rescinded.
    Last edited by wvincent; 11-04-2020 at 06:35 PM.
    "And for a regular dude I’m maybe okay...but what I learned is if there’s a door, I’m going out it not in it"-Duke
    "Just because a girl sleeps with her brother doesn't mean she's easy..."-Blues

  9. #9
    Site Supporter
    Join Date
    Aug 2011
    Location
    TEXAS !
    Quote Originally Posted by HeavyDuty View Post
    It’s looking inevitable that Biden is going to win. Assuming he follows through with his threat to go after semis and standard capacity mags via an executive order, what is the process for fighting that? Legislative or via the supremes?
    EO's are not blank checks. If that could be done via EO Obama would have done it after Sandy Hook or during his 2nd term. This is basic Civis / checks and balances stuff.

    Given Congress passed the 1994 AWB then allowed it to sunset, it would be impossible to argue congress has been failed to address the issue.
    A new AWB or mag ban would have to be enacted via legislation. An EO on a subject Congress has addressed directly like that would be a loser in the courts.

    https://blogs.findlaw.com/law_and_li...ir-limits.html

    An executive order is one way a U.S. president can make changes to the nation's policies. But there are limits as to how far such orders can go.

    As history has shown, executive orders can be used in many different ways. Here's a quick summary of what you need to know:

    A Way for Presidents to Set Policy

    For most national policy changes to occur, a bill must be approved by Congress and then signed into law by the president. An executive order is a way of sidestepping the legislative process to accomplish limited policy objectives.

    Legal support for these orders comes from both the Constitution and acts (or the inaction) of Congress. Many executive orders base their authority in the U.S. Constitution's broad grant of executive power to the president.

    The president can also make executive orders relating to organizations under the executive branch, like the Food and Drug Administration or the National Security Administration. Executive orders have also historically been used in times of war or military conflict, like President Franklin Roosevelt's order that led to the internment of Japanese Americans during World War II.

    Critics often take issue with a president's use of executive orders. For example, President Obama issued executive orders relating to issues ranging from fighting HIV to forming a council on Native American affairs. These and other executive orders were often met with criticism.

    Limits on Executive Orders

    Executive orders are not unchecked strokes of power from the president's pen; they can be challenged and deemed unlawful by federal courts. In fact, the U.S. Supreme Court determined during the Korean War that executive orders must fit within a certain sphere of power and cannot simply defy Congressional intent.

    Although this area of law remains in flux, executive orders have the most legitimacy when the president is acting with the implied or express authority of Congress. However, these executive orders may still legally shape policy if the laws or Congress have been silent on an issue.

    Because Congress is rarely silent on major issues, executive orders are most common in areas where the president has been granted discretion by Congress. Regardless of the president's relationship with the federal legislature, executive orders will only allow a very small policy window in which to make changes.
    See: United States Supreme Court YOUNGSTOWN CO. v. SAWYER(1952) No. 744 Argued: Decided: June 2, 1952

    https://caselaw.findlaw.com/us-supre...t/343/579.html

  10. #10
    Site Supporter
    Join Date
    Aug 2011
    Location
    TEXAS !
    Quote Originally Posted by wvincent View Post
    Not so easy to rescind EO's, look how DACA turned out.
    DACA is a bad example because it was not a stand alone EO.

    DACA is based on the discretionary authority congress provided the executive branch via legislation (The Immigration and Nationality Act) to grant aliens deferred action.

User Tag List

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •