Questions about executive orders

[TheOtherOne]

So George Bush Sr. just said that certain guns cannot be imported and that was that, they were suddenly illegal? No checks and balances for executive orders?

What stops a president from issuing an executive order requiring that all Americans must wear blue pants and long sleeve polo shirts?

If Bill Clinton was so anti-gun why didn't he issue an executive order banning all guns?

What laws are you breaking if you don't follow an executive order?

 

[Preacherman]

If I understand the process correctly (and I'm sure that if I don't, someone here will speedily correct me! ), an executive order is issued to put in place regulations governing an issue about which legislation has already been passed. For example, when Clinton issued executive orders restricting access to a great deal of Federal forest land, he was doing so in terms of the law which placed these lands under the supervision of the government - he simply changed regulations, rather than imposed a new law (even though it had the same effect).

The President may issue executive orders in any area where he has authority to do so. However, this authority comes from previously-passed legislation. If there is no law giving him the authority to do so, he can't issue an executive order. (So, we're safe from universal blue pants and long-sleeved polo shirts! )

 

[7.62FullMetalJacket]

Preacherman hit the bullseye.

 

[TheOtherOne]

Does anyone know the grounds Bush used for his ban? Was it because there was already a gun control act from 1968?

 

[The Real Hawkeye]

Bush's ban was unconstitutional and illegal on multiple levels. Firstly, executive orders merely refer to the president's constitutional power to enforce federal law. So, if there's a law which is duly passed in Congress, the president may give orders to see that it is enforced. That's it. Lately, however, presidents have been using them as the power to legislate, which is illegal. There was no law passed in Congress that gave the president the power to pick and choose which types of firearms will be imported into the country or available for sale when daddy Bush issued that executive order. You have to realize that most things that the federal government does are unconstitutional, i.e., have no legitimate basis in law. This state of affairs has been a steadily growing snowball since the Civil War. Its down-hill velocity and rate of growth are increasing regularly.

 

[geekWithA.45]

Perpetual State Of Emergency...

The Executive gets extraordinary powers during a state of emergency. The problem is, we've been in a perpetual state of emergency since the 30's.

Furthermore, I just skimmed the Constitution for the source of these extraordinary powers, and I couldn't find any.


As originally written, the Executive branch is pretty weak.

 

[femoralis]

The GCA '68 says that only guns "suitable to, or readily adaptable for" a sporting purpose can be imported. To ban a gun, the government agency just has to decide it isn't sporting, not pass new laws. That's why semi-auto rifles that can hold over 10 round mags can't generally be imported now. I presume the president could direct the appropriate agency to declare something sporting or not...

 

[Hkmp5sd]

Here is how they determined what guns to ban in 1989.

Report and Recommendation on the Importability of Certain Semiautomatic Rifles

 

[7.62FullMetalJacket]

All the more reason to fight the fight. Any bureaucrat can twist "authorizing" legislation to their own ends.

 

[fjolnirsson]

Holy cr$$! Did I miss something?!
What's been banned now?!

 

[TheOtherOne]

Holy cr$$! Did I miss something?!
What's been banned now?!

the importation of AKS-type weapons, Uzi
carbines, FM/FAL-type weapons, FN/FNC-type weapons and Steyr Aug
semiautomatic weapons. On April 5, 1989, the suspension was
expanded to include all similar assault-type rifles.

For purposes of this suspension, assault-type rifles were rifles
which generally met the following criteria:

a. military appearance

b. large magazine capacity

c. semiautomatic version of a machinegun

 

[fjolnirsson]

The other one,

Thanks. I see now. The way folks were talking, I thought there was something new.