A Commentary by J. D. Longstreet
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"Dear Leader" Obama is flirting with Articles of Impeachment. The power of the Presidential Executive Order is simply not robust enough to amend the constitution.
Look. The 2nd Amendment is was it is... period. You want to change it? The process is simple, but very difficult. It was meant to be both.
You need the affirmative vote of 2/3rds of BOTH houses of Congress -- and then -- it goes to the people of the states where 3/4's of the states must vote for it (in the affirmative) in order to ratify it.
Please note that at no time is the office of the President involved.
The man who would be "King of America" may not be pleased about this, but, hey, things are tough all over!
So far, Obama is playing his cards close to the chest and the MsM is, of course, aiding and abetting him -- as is their wont for "progressive" (otherwise known as Marxist) presidents.
The thing is -- we have been hearing unconfirmed rumors for months, even during the Presidential campaign that Presidential Executive Orders were in the making for gun control during Obama's second term. Frankly, I would have been surprised had they not been in a state of, shall we say-- "preparation" -- during those months.
But Obama is going to have to tread softly ... VERY softly, indeed.
There ARE most certainly things Obama can order done with an EO. Neither amending the Constitution, or violating the Constitution, is among them.
In an Article at Mother Jones authors Tim Murphy and Adam Serwer offer fourteen things they say Obama can do without going through the Congress:
Appoint a full-time ATF director.
Prosecute people who try to buy guns illegally.
Add a second serial number to new guns or improve placement of the first one.
Background checks for gun dealers' employees.
Don't let dealers who lose their license retain inventory.
Make gun sellers report details of sales to manufacturers.
Stricter regulations on inventory.
Require agencies to fork over data on mental health and drugs.
Require the FBI to contact state and local agencies in case of mental health rejections.
Investigate thefts of five or more guns—and make states report them.
Require dealers to track all trace requests.
Use existing data to figure out which gun shows are the worst—and target them.
Create a special DOJ unit to track interstate gun trafficking, abetted by state agreements.
Enforce the 1968 Gun Control Act.
For the details you really need to read the article in its entirety at:
http://www.motherjones.com/politics/2013/01/obama-administration-gun-control-congress-executive-order-regulation
Obama and his cadre of legal eagles must know that anything he does administratively that even appears as if it is infringing upon the 2nd Amendment will draw fire and a possible move toward his impeachment.
On January 14th, The Washington Tines reported the following:
Rep. Steve Stockman threatened on Monday to defund the White House and potentially file impeachment charges if President Obama pushes forward with gun control measures without congressional approval.
The Texas Republican called Mr. Obama's plans to skirt Congress and implement some controls administratively "an unconstitutional and unconscionable attack on the very founding principles of this republic."
"I will seek to thwart this action by any means necessary, including but not limited to eliminating funding for implementation, defunding the White House, and even filing articles of impeachment," Mr. Stockman said. Read more: http://www.washingtontimes.com/blog/inside-politics/2013/jan/14/rep-stockman-threatens-impeach-obama-gun-control/#ixzz2HzUP76No
The paper goes on to quote Congressman Stockman as saying: "Any proposal to abuse executive power and infringe upon gun rights must be repelled with the stiffest legislative force possible ..." The article continues: "Under no circumstances whatsoever may the government take any action that disarms any peaceable person — much less without due process through an executive declaration without a vote of Congress or a ruling of a court." Read more: http://www.washingtontimes.com/blog/inside-politics/2013/jan/14/rep-stockman-threatens-impeach-obama-gun-control/#ixzz2HzVT5z3y
This is where realism sticks its ugly head into the debate. There is virtually NO CHANCE of getting a conviction on impeachment charges against Obama through the US Senate. None.
(NOTE: IMPEACHMENT is a formal document charging a public official with misconduct in office. The House of Representatives can bring the formal charges of impeachment -- but the Senate must decide the guilt or innocence.)
So, the stage is being set for a brawl. But what we are witnessing now is all Kabuki Theatre. No one should kid themselves that Obama's people are burning the midnight oil to laboriously writing the Executive Orders so as to pass constitutional muster. No. I believe those EO's were written long ago and only require dusting off and placing upon the public table.
The lines have been drawn now. Obama is about to find himself up against most of the republicans and a goodly number of his own political party in this fight. If he isn't mindful, he may yet find himself in the dock for his impeachment trial before the Congress.
How ironic that would be.
© J. D. Longstreet
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