How do executive orders work?

[GAgunLAWbooklet]

In theory, executive orders can't contradict federal laws passed by congress, nor any treaty, nor any of the rights of the American people.

In practice, Democrats are mad with lust for power and would just as soon wipe their buttholes with the U.S. Constitution. Separation of powers be damned. Bill of Rights be damned. Like little children, they can only think "I want what I want, and I want it now, and you can't tell ME no!" (Hmm... well, I think Trump has the same attitude, but lucky for us he doesn't want to change the same things that Biden / Harris want to change through E.O.'s).

What it comes down to is what the federal courts will let them get away with.
Sometimes the Court will tell a President that he's gone too far.

 

[Fatal_Bert]

Once she executes executive order sp1189 it's all over.

 

[Biggie_Chan]

Once she executes executive order sp1189 it's all over.

that is?

 

[GAK9]

All of this we've been discussing here is why we have to ensure we don't lose the Senate. No matter your feelings about Loeffler and Perdue, we have to get them back to work as Senators.

 

[WildMan]

The SCOTUS can and has turned over many executive orders.

Which is good. But they will still go into effect before the eventual overturning.

 

[spencer60]

The simple fact is that Executive Orders only reach so far.

There are a couple of different types of executive orders though, each with different legal effect.

Most typical are the ones that instruct a federal agency how to implement a law passed by Congress. As long as it stays within the scope and intent of the law, these are almost never ruled against if brought to court.

Then there are the ones that the administration issues to 'fill in' areas of a law passed by Congress, but with no instructions on how it should be implemented. These get challenged a lot more, and are more likely to be overturned in court.

The last case is where a President uses it to create 'new' law. Something that Congress has not addressed. This is usually pretty shaky and will almost always be overturned in court.


And of course, just like laws, any President can issue an EO cancelling or changing and previous Presidents EO. Obama had us in the Paris Climate Accord via EO, which is why Trump could remove us (and Biden could add us back in). That's not a treaty, which the Senate has to approve, just federal regulations.

The good news is that Biden's gun control plan would have to go through Congress. Literally none of the schemes listed by the OP could be done via executive order (legally), and they would face immediate legal challenge and probably be overturned.


For example, that bit about putting semi-automatics under the NFA would take an expansion of that act, since it explicitly describes the items under it, and semi-automatic rifles don't fit any of the definition. And please, no bump stock comments. that had nothing to do with the law as written, and 2was outside the scope of the NFA.

I also don't see how he could shut down online ammo companies. Private companies shipping legal products via 3rd party freight companies is completely outside the scope of any law on the books about interstate commerce. Just like in the states that have banned online ammo sales (or really, shipment into a state) you would have to pass legislation.

Even things like their proposed expanded NICs checks that include more background items would need legislation, since the federal law allows states to define that aspect as long as they meet or exceed the federal guidelines.


When Obama tried to make vets and SS recipients into prohibited persons using an EO that said if their checks didn't go to their home address they were incapable of owning guns, the ACLU and the NRA filed immediate lawsuits and got it overturned before Trump even took office.

I think these would all meet the same fate if Biden tries to push them through as EOs.

 

[gh1950]

spencer60 points are well made, but what he omits is that the president is the head of the executive department of the U.S. government.

If the president takes a nuanced approach to executive orders, he can change how our massive, intransigent bureaucracy deals with the issues for which it is responsible. If the president directs an agency to slow walk a subject matter through it bowels, or apply additional scrutiny to applicants for certain permits and privileges, then that is going to happen. Plus there are certain areas where the president is granted plenary power almost, mostly in matters of foreign policy, and deployment of the military.


Note that Biden acknowledges that most of the gun control he proposes would require the enactment of legislation to accomplish. You have to love the statement "Biden will enact" - apparently overlooking that there is another whole branch of government that has to act first before he can do squat.

"Back in the day" executive orders were pretty much that - orders from the chief executive to the executive agencies on how to implement various pieces of legislation. They really weren't policy making edicts, which since Obama is what they have become. Both Obama and Trump have made statements to the effect that if they can't get certain legislation enacted, then they will accomplish the same thing through executive order - which absolutely IS NOT what an executive order.

Nevertheless it's clear Biden wants to be a mini-Obama, and I think we can expect a flurry of 2nd Amendment executive orders in the first weeks of his presidency. Actually, the make up of the Supreme Court fits his agenda in this regard, because as it invalidates his executive orders which "are for the children", he can throw up his hands about how he can't do the right thing with the Court structured as it is, and it needs to be changed.

 

[summer44]

If we lose Trump in this election I’m afraid we are going to have to fight to keep our rights as well as our guns! Another of Bidens plans add a bunch more Supreme Court judges,with democrap judges to outnumber the ones holding seats now! If he takes office folks our country as we know it will be gone in 90 days or less! He can executive order us to death if he wants to!

this is why it is so important for everyone to go vote in the Ga run off election for senate, Don't let the dems take control

 

[rightway1974]

The simple answer is to not comply.

 

[paliknight]

Biden/Harris created two new categories/definitions of firearms that neither I, nor the rest of the world and its militaries and law enforcement existed!

1- Semi-Auto ASSAULT rifles!

2- High-Capacity 30 round Magazines! (Although this is more of a renaming from standard cap to high cap)

I think any car over 200HP is high performance. Can we rename all cars with over 200HP to high performance cars? Who’s with me?