Articles Comments

SENTRY JOURNAL » Uncategorized » The President has no constitutional authority to restrict or ban certain types of weapons…period!

The President has no constitutional authority to restrict or ban certain types of weapons…period!

The President held a press conference today and the main topics were the debt ceiling and gun control.  At one point during the conference President Obama my the following statement:

“My understanding is the vice president’s going to provide a range of steps that we can take to reduce gun violence,” said Obama. “Some of them will require legislation, some of them I can accomplish through executive action. And so I will be reviewing those today, and as I said, I will speak in more detail to what we’re going to go ahead and propose later in the week. But I’m confident that there are some steps that we can take that don’t require legislation and that are within my authority as president, and where you get a step that, has the opportunity to reduce the possibility of gun violence, then i want to go ahead and take it.”

Below is the clip of this response.

YouTube Preview Image

Mr. President if part of your plan to reduce gun violence includes restricting or banning certain types of weapons or forcing Americans to register their weapons via a national database through executive action then my response is you are inventing powers you simply do not have.  The constitution does not grant you or the office you hold this power.  In fact I’ll take this one step further and say the constitution does not grant congress the power restrict or ban certain types of weapons because the 2nd amendment expressly forbids that body from crafting legislation that infringes on our right to bear arms.

The Constitution is very clear about what falls under the purview of the Executive Branch.   See below.

Article II – The Executive Branch

Section 1 – The President

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice-President chosen for the same Term, be elected, as follows:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

Amendment 12 – Choosing the President, Vice-President. Ratified 6/15/1804. The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;

The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;

The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.

The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.

Amendment 20 – Presidential, Congressional Terms. Ratified 1/23/1933.

1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

Amendment 25 – Presidential Disability and Succession. Ratified 2/10/1967.

1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty eight hours for that purpose if not in session. If the Congress, within twenty one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty one days after Congress is required to assemble, determines by two thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:

“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

Section 2 – Civilian Power over Military, Cabinet, Pardon Power, Appointments

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Section 3 – State of the Union, Convening Congress

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Section 4 – Disqualification

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

So I pulled from the constitution all sections and amendments that pertain to the President and the Executive Branch and did NOT find any authority granted to him or the office he holds to create law through executive action.  He can use executive action to enforce current laws, but he cannot create new law.  So again I say the President has no constitutional authority to restrict or ban certain types of weapons…period.  If he does try to do this I do see where he would be in violation of his oath to faithfully execute the Office of President of the United States.  My guess is violating the constitution by inventing powers you do not have would not be in the spirit of preserving, protecting, and defending the Constitution.  And if that is the case, I believe impeachment would be a viable option.

Liberty forever, freedom for all!

Share

Filed under: Uncategorized · Tags: , , , , , ,

opinions powered by SendLove.to
Comments
  • TexasFred January 14, 2013 at 5:17 PM

    YOU know that, I know that, does Obama know it? That is the question… And would the SCOTUS, Senate and Congress have the whereto to stand and TELL him that?
    TexasFred recently posted..Obama demands quick action to raise debt limitMy Profile

    • John Carey January 14, 2013 at 10:16 PM

      Obama does know what he’s doing. He’s throwing something against the wall to see if it sticks and using the courts to validate it. He knows how deep the bureaucratic hole runs in DC and how long he has before the court even addresses it and he uses it against the constitution and us. This is why congress needs to act to send a message that actions such as this will not go without consequences. The reason he is so bold is because every time he has bypassed congress or usurped the constitution congress has failed to act, only emboldening him more. Look at Eric Holder. He should have been removed from his position for fast and furious. He’s an AG being held in contempt and it’s taking forever to make its way through the courts. They’re doing the same with Benghazi…running out the clock. These people are absolutely shameless and stand for everything our grandparents fought against.
      John Carey recently posted..The President has no constitutional authority to restrict or ban certain types of weapons…period!My Profile

  • Steve Dennis January 14, 2013 at 6:13 PM

    John, you are 100% right, there is no way the president can legally issue an EO which supersedes the constitution. We will have to wait and see what he has in store for us, but if it includes banning of weapons he will have stepped way over the line and I am glad to learn that at least one congressman has come out and said he will introduce articles of impeachment it Obama tries this.
    Steve Dennis recently posted..Iran threatens to hang a United States pastor, where is Barack Obama?My Profile

    • John Carey January 14, 2013 at 10:21 PM

      There should be way more than one congressman willing and ready to do this if he oversteps his constitutional authority. The only way our system works is active enforcement of the checks and balances embedded in the constitution. That includes removing Supreme Court Justices. This is why I’ve said they’re all in it together. They have been getting away with this crap for years because no one really wants to rock the boat. These people have it made, why would they ruin a good thing. This is why we the people must act and police them because they sure will not.
      John Carey recently posted..The President has no constitutional authority to restrict or ban certain types of weapons…period!My Profile

  • LD Jackson January 14, 2013 at 7:53 PM

    I can hardly wait to see what kind of executive action Obama will take. Even though he clearly does not have the authority to do so, I’ll be surprised if he doesn’t try to implement some kind of ban. Just because he believes it is the “right thing to do”. If he does, it will be far past the time when he needs to be called on the carpet for his actions. That call should include impeachment for violating his oath of office.
    LD Jackson recently posted..War On Women And Minorities In OklahomaMy Profile

    • John Carey January 14, 2013 at 10:35 PM

      Well if he attempts to undermine the constitution and infringe on our rights I would definitely say his is in violation of the oath he has taken. That is enough for me to remove him, but I don’t it will ever happen because the left controls the Senate. Heck over 2/3 of the Senators should be removed because they’re not upholding the commitment of their oath. Clean them all out I say.
      John Carey recently posted..The President has no constitutional authority to restrict or ban certain types of weapons…period!My Profile