Judge Napolitano on Obama's "Executive Orders.": President Obama announced Tuesday that he is issuing an executive order on guns and background checks. Heres a look at what the...

Loki Loc: Georgia

President Obama announced Tuesday that he is issuing an executive order on guns and background checks. Heres 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 Executive orders remain in effect until abandoned or rescinded by the president who issued them or by a successor president.

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 presidents 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, theres more. The Supreme Court has made it clear that the right to keep and bear arms is a fundamental liberty. Under the Constitution, fundamental liberities (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.

Trooper745 Loc: Carolina

Loki wrote:

President Obama announced Tuesday that he is issuing an executive order on guns and background checks. Heres 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.

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 presidents 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, theres more. The Supreme Court has made it clear that the right to keep and bear arms is a fundamental liberty. Under the Constitution, fundamental liberities (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.

President Obama announced Tuesday that he is issui... (show quote)

I like Judge Napolitano. Don't always agree with his opinions, but I would love to see a US Supreme Court made up of judges with his honesty and intelligence.

I believe that, if the Supreme Court ruled honestly, without any political biases, we would have good decisions, and that most decisions would be unanimous, instead of these silly, politically motivated, 5-4 splits.

Damn a bunch of politically motivated distortions of law, which is what the USSC has given us for decades. They have in most cases given us no justice, just political BS!

no propaganda please Loc: moon orbiting the third rock from the sun

Loki wrote:

President Obama announced Tuesday that he is issuing an executive order on guns and background checks. Heres 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.

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 presidents 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, theres more. The Supreme Court has made it clear that the right to keep and bear arms is a fundamental liberty. Under the Constitution, fundamental liberities (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.

President Obama announced Tuesday that he is issui... (show quote)

Thanks for posting that. I saw it this morning but forgot to post it. Glad you did!!!

Loki Loc: Georgia

Trooper745 wrote:

I like Judge Napolitano. Don't always agree with ... (show quote)

Trooper, we desperately need term limits in the Federal Judiciary right now. Supremes on down. Federal Judges are nominated by the President, and confirmed by the Senate. That means that their political views have to be more or less in line with those of the nominating and confirming politicians. Is anyone naive enough to believe that these judges, (who owe their careers to one political party or another, and who basically align with that party's political philosophy anyway ) to be some kind of non-partisan saints?
A Federal Judgeship is a highly paid, lifetime position. Do you really expect these judges to give the party who put them there a good one in the 'nads every time they should?

chuck slusser

ALL APPOINTMENTS TO FEDERIAL POSITIONS ARE NOT PERMANENT OR LIFETIME ... THEY CAN BE REMOVED FROM THEIR POSITION AT ANYTIME AND FOR ANY REASON THAT WOULD BE USED TO FIRE ANYONE WHO WORKS FOR THE FEDS. OR PRIVATE BUSS. THERE IS NO SUCH THING AS LIFETIME APPOINTMENTS FOR GOVERNMENT POSITION

Loki Loc: Georgia

chuck slusser wrote:

ALL APPOINTMENTS TO FEDERIAL POSITIONS ARE NOT PERMANENT OR LIFETIME ... THEY CAN BE REMOVED FROM THEIR POSITION AT ANYTIME AND FOR ANY REASON THAT WOULD BE USED TO FIRE ANYONE WHO WORKS FOR THE FEDS. OR PRIVATE BUSS. THERE IS NO SUCH THING AS LIFETIME APPOINTMENTS FOR GOVERNMENT POSITION

Unless they are convicted of a crime, which is practically impossible, Federal Judges are in until they get ready to quit. Since 1797, only 7 have ever been removed from office.

http://www.infoplease.com/spot/impeach.html
http://writ.news.findlaw.com/lazarus/20041209.html

Maybe you would like to tell us about the last time you voted for a Federal Judge who was standing for re-election.

DamnYANKEE

Loki wrote:

President Obama announced Tuesday that he is issuing an executive order on guns and background checks. Heres 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.

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 presidents 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, theres more. The Supreme Court has made it clear that the right to keep and bear arms is a fundamental liberty. Under the Constitution, fundamental liberities (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.

President Obama announced Tuesday that he is issui... (show quote)

kenyacoon , cant do shit