Executive Orders and Gun Rights, As Discussed on the Phil Mikan Show

By Douglas V. Gibbs
Author, Speaker, Instructor, Radio Host

This morning I was a guest on the Phil Mikan Show on WLIS 1420-AM/WMRD 1150-AM in Connecticut.  To sum up some of the items we discussed on the radio program:

Executive Orders cannot be used to legislate.  The position of the President of the United States carries with it the authority to execute the laws of the United States, and in order to carry out that duty, the President has at his disposal Executive Orders.  Two functions are associated with Executive Orders.  They can be used to issue proclamations, and to delegate down through the executive branch to the various agencies the instructions by the president on how to execute the laws.  Executive Orders may not be used to create, modify or repeal law for those powers belong to Congress as per Article I, Section 1 of the United States Constitution.  While a large segment of President Obama’s Executive Orders modified law (especially when it came to roll-out dates concerning the Affordable Care Act), President Trump’s primarily intention with the use of Executive Orders has been to execute the laws on the books.  Particular attention has been given to his immigration and refugee Executive Orders, in which the laws he is carrying out are listed in the Executive Orders.  Also, many of Trump’s Executive Orders involve repealing Obama’s orders.  Because Obama used Executive Orders for so many things, rather than using Congress, he made it easy for Trump to up-end what he did.  What is performed by a President can be undone by a President.  The same applies to the Paris Climate Change Accord.  President Obama entered the United States into that agreement (and the Iran Deal) without calling it a treaty so as to bypass senatorial ratification.  Therefore, since Obama didn’t go to Congress to enter the two agreements, President Trump does not need to go to Congress to exit those agreements.  One more thing about Executive Orders; George Washington issued 8, and Adams, Jefferson, Madison, Monroe and John Quincy Adams collectively issued 10.  Obama issued 276, but that does not include Executive Letters, Executive Memos, and Executive Actions which do not receive a number.  Trump, so far, is at 36.

Gun Rights are enumerated in the Bill of Rights, so there should be no doubt that to keep and bear arms is a natural right.  As a right, the federal government has no authority to infringe upon it in any way, and the States, while they may have some laws regarding firearms, may not completely block the access to that right as many States are attempting to do in this day and age of progressivism.  Gun Control was essentially non-existent until after the War Between the States.  In the South, gun control began to be instituted by the Democrat Party in order to make it more difficult for blacks and white Republicans to stand against the violence being perpetrated by the Democrat Party through groups such as the Ku Klux Klan.  In other words, gun control began as a civil rights issue.

Case Law and Precedent Law are used in the hopes of interpreting the Constitution to fit the changing whims of society, and political viewpoints.  The problem is, there are no authorities in the Constitution granting the courts such power.  There is no authority for any federal judge at any level to strike down an Executive Order or any piece of legislation, to interpret the Constitution to mean anything different than what it expressly says, nor to interfere in the functioning of the Congress or Executive Branch.  Separation of Powers dictates that the federal courts may not act in a legislative or executive manner, but instead may only apply the law to the cases they hear, and issue opinions if they believe a law is unjust or unconstitutional.  It is then the job of Congress to determine the constitutionality of the item in question, and then take action if they deem necessary.  If laws are unconstitutional, to resolve the issue it is the job of the people through the voting process to replace representatives so that they may correct the problem with new personnel, or for the States to nullify federal laws which are unconstitutional by refusing to implement the illegal legislation.

– Political Pistachio Conservative News and Commentary