Once again, President Obama is planning to unlawfully usurp the power of Congress by using executive orders to create and enact a law of his own design.
This time, it’s expected to be universal background checks for gun purchases, possibly in addition to other gun control maneuvers, according to the Associated Press.
White House spokesmonkey Josh Earnest gleefully said Thursday he didn’t know exactly when the White House staff would be done “scrubbing the rules” so that Obama could sign the orders.
Aside from the obvious Second Amendment and Fourth Amendment problems with gun control and mandatory background checks (which have been dismissed by the courts on various justifications), these executive orders that the Associated Press reports Obama is ready to enact should be held to violate the separation of powers laid out in the Constitution.
The powers of each branch of our government are supposed to serve as checks and balances on the powers of the other two in order to keep any one branch from amassing too much authority to itself.
Time and political corruption have thoroughly gutted that concept. Both the Legislative and Executive branches through the years have granted themselves powers they were never meant to have, and with the Judicial branch’s help they have gone through the grand charade of making them “legal” in return for the indulgence of the Judicial branch’s own power grabs.
The Constitution is very clear that Congress is authorized to make laws while the Executive branch is authorized to execute those laws. “Execute-ive” orders are not mentioned in the Constitution but are presumed as a reasonable method of enforcing the laws Congress has passed.
Obama isn’t the first to abuse executive orders, but he has perfected it to a fine art, hiding his illegal actions behind assorted spins on the letter of the law that make “depends on what the definition of ‘is’ is” look almost reasonable. By claiming he is simply ordering the heads of various agencies to make “rules changes” to their own departments, he is able to actually create and enact any law he pleases. He can’t effectively be prosecuted because of the technicality covering his actions.
That technicality has provided him with a power that is not only unauthorized by the Constitution but is reserved for Congress — the power to make law. (The Judicial branch has also given itself de facto lawmaking authority — the corruption of our government isn’t confined to the Executive.)
Liberals in both parties are fine with this because a) they generally aren’t aware of what’s in the Constitution; b) they’ve accepted the lie that the Constitution is a “living document”; c) they’ve accepted the other great lie of liberalism, that rights come from government; and d) Obama strokes their intellectual vanity by repeatedly using the phrase “common-sense gun laws.” (If there’s one thing liberals love most, it’s to be seen as smarter than everyone else.)
Whatever Obama includes in his new executive order, it is guaranteed to a) exceed the authority of the office of the president; b) usurp the authority of the Congress; c) abridged the Second Amendment right to keep and bear arms; d) abridge the Fourth Amendment protection against unreasonable search and seizure (with the excuse that the records searched are in someone else’s possession, therefore not yours); e) further undermine the rule of law as it applies to those in power; and f) win plaudits from the media and the Left in general.
That’s a high price to pay for “common-sense gun laws,” based solely on the fears about a nonexistent gun “epidemic” manufactured by the media and politicians.
No one will stop Obama from doing exactly what he wants, and worse, most people won’t even be able to conceive of a reason they should.
“So this is how liberty dies: with thunderous applause.” — Padme Amidala