Banning of previously legal items via executive orders

Posted by $ jbrenner 11 years, 6 months ago to Government
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Ranter and I got into a discussion about a proposed ban on lasers > 5 mW on a different thread, and I decided that a discussion of such bans needed a wider audience. Ranter: So far, it's just a suggested guideline. Even as a guideline, it has no legal force, but Congress could then enact legislation incorporating the guideline. jbrenner: Most suggested "guidelines" from the Obama administration become executive orders after a 90-day discussion period. Ranter: True, jbrenner, but this is a more serious matter. The President cannot by executive order ban the manufacture and/or distribution of something is is currently legal. If he does, it would wind up in court and he would lose. The government can regulate commerce, but only under laws passed by Congress and only to the extent of issuing regulations that comply with those laws. The "President:" is not the "Government" -- he is just one of three co-equal branches, and he cannot legislate, even by executive order. jbrenner: Indeed, this is a very serious matter, and unfortunately the President has banned items via executive order already. In theory, the executive branch is one of three co-equal branches, but that is theory. He has stacked the courts and has enough Senate support to stop action by the legislative branch. He is quite literally unchecked. The first link is for an EPA ban on wood burning stoves: http://www.forbes.com/sites/larrybell/20... Within the above link, "The U.S. Chamber of Commerce has concluded that Sue and Settle rulemaking is responsible for many of EPA’s “most controversial, economically significant regulations that have plagued the business community for the past few years”. Included are regulations on power plants, refineries, mining operations, cement plants, chemical manufacturers, and a host of other industries. Such consent decree-based rulemaking enables EPA to argue to Congress: 'The court made us do it.'" The remaining links are for Gibson guitars: Obama's concept of what is legal is what he can get away with. He is counting on the fact that we don't have deep enough pockets to get into a protracted legal battle, and in my case, he is right. Note particularly the evidence of political targeting of Obama enemies in the second link below. http://www.npr.org/blogs/therecord/2011/... http://dailycaller.com/2013/05/26/paper-... http://www.washingtontimes.com/news/2014...


All Comments

  • Posted by $ 11 years, 5 months ago in reply to this comment.
    It is all of the above: long-term drift in the way people view their relationship to government, a very wide interpretation of the Constitution, and a chaotic president destroying the country. Moreover, it is intentional.
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  • Posted by CircuitGuy 11 years, 5 months ago in reply to this comment.
    Is this large long-term drift in the way people view their relationship to government along with an erosion of and very wide interpretation of the Constitution? Or is a chaotic president destroying the country?
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  • Posted by $ 11 years, 5 months ago in reply to this comment.
    The founders were very careful to ensure that adequate checks and balances would be in place, but they knew that we would have a constitutional republic, if we could keep it. - Ben Franklin
    We no longer keep it.
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  • Posted by CircuitGuy 11 years, 5 months ago in reply to this comment.
    Are you saying the Constitution is set up to give the president power to take illegal actions, but since he's the highest officer in the branch that execute laws the founders were counting on having only honest law-abiding presidents?
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    Posted by Hiraghm 11 years, 6 months ago in reply to this comment.
    But... we don't *have* a President...

    Article 2, section 1, clause 5.

    The President must be natural born, not native born, not naturalized, but a natural born citizen; the born citizen child of citizen parents.
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  • Posted by $ 11 years, 6 months ago in reply to this comment.
    No, it doesn't mean that the Constitution sanctions these actions. It means that we have a chaotic (as opposed to lawful) president.
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  • Posted by CircuitGuy 11 years, 6 months ago
    "He has stacked the courts and has enough Senate support to stop action by the legislative branch"
    Does this mean our Constitution sanctions these actions if the President has enough support in the other branches?
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