Executive Orders (E.O.), Federal Powers, and the Law (Gun-Control)

If an intruder has broken into your home are you going to pray that they leave your family alone and simply call 9-1-1 with the hopes that law enforcement will save you? How long will you have before police arrive at your home, office, wherever? In Atlanta, it’s 11 minutes. Nine minutes in Nashville. Quite a lot can happen in that span of time. And we know from the Supreme Court ruling that there isn’t a legal obligation for anyone else to protect your life. Are you OK with those odds? You may be, but I’m not, and I will resist the urge of anyone whose goal is to erode my right to protect myself and my family.

I am not willing to disarm the helpless and punish those who are law-abiding. They are the ones who fall victim to those who chose to flout the law. Guns are neither good nor bad. Motive is. Intent is. Character is. Inanimate objects have no such qualities. Let’s not risk more lives by pretending that “gun control” works. ~ The Dana Show

Conservative Daily News:

…As Richard Larsen, in his excellent article, says:

“The limits of presidential declarations, like the EO [Executive Order], were clarified judicially by the landmark 1952 Supreme Court ruling of Youngstown Sheet & Tube Co. v. Sawyer. By executive order 10340, President Harry Truman declared that all steel mills in the country were to be placed under federal government control. The Supreme Court ruled, however, that the EO was invalid since Truman was essentially creating, or making law, as opposed to clarifying the executive branch enforcement of an existing law.”  [emphasis mine]

So, is Obama going to “create” law? Is the law he “creates” going to infringe upon our constitutionally guaranteed right to keep and bear arms. History is NOT on Obama’s side.

Or does Obama understand the phrase, “… shall not be infringed,” and just wants his way?

In 1718 the “Puckle gun,” the first machine gun, appeared. (One could argue that the so-called “assault rifle pre-dated the Second Amendment.) The Colt revolver followed not long after and in the late 1800s the Gatling gun, which fired 200 rounds per minute, appeared on the market. The evolution of firearms was observable during the time that the Constitution was drafted; to argue that the Founding Fathers were unaware of, or not living through, the ever-evolving capabilities of firearms is blatant ignorance of both common sense and fact. Jefferson himself was a noted collector and in letters explained what technological capabilities he favored in pieces over others in his collection. ~ The Dana Show

Red State:

…Prior to the Civil War, the Bill of Rights only applied to the federal government and that first Congress dropped references to “as allowed by Law” that had been in the English Bill of Rights. The Founders intended that Congress was to make no law curtailing the rights of citizens to keep and bear arms.

The 2nd Amendment, contrary to much of today’s conversation, has just as much to do with the people protecting themselves from tyranny as it does burglars. That is why there is so little common ground about assault rifles — even charitably ignoring the fact that there really is no such thing. If the 2nd Amendment is to protect the citizenry from even their own government, then the citizenry should be able to be armed.

There are plenty of arguments and bodies to suggest that we might, as a nation, need to rethink this. The Founders gave us that option. We can amend the Constitution.

In doing so, we should keep in mind that in the past 100 years Germany, Italy, Russia, Japan, China, and other governments have turned on their people at various times and, in doing so, restricted freedoms starting often with gun ownership. You may think a 30 round magazine is too big. Under the real purpose of the second amendment, a 30 round magazine might be too small.

Regardless, as the President announces how he will curtail the freedoms of the second amendment, we should remember Justice Robert Jackson’s opinion in West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943)

The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One’s right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.