Our nation has become so ignorant of the Constitution, the Bill of Rights, and the reasons for their existence that we seem to take acts from Congress and the President as always being lawful, right, and within the bounds of their enumerated powers. I make that statement in the current discussion of Executive Orders. Barack Obama himself said, while campaigning in 2008, that he would not use signing statements “as a way of doing an end run around Congress” but he has broken that statement many times over.
While all presidents have used E.O.s to administer their enumerated power of enforcing and executing laws passed by Congress, it has only been the most daring and radical presidents that have attempted to use these signing statements as a way of creating new laws without Congress’s Constitutional Authority. FDR and Truman both tried it, the latter in trying to nationalize the steel industry, but the Supreme Court rejected the attempts as overstepping the bounds of their Constitutional authority. The former using one illegally to intern Japanese and German American citizens during WWII.
Obama is attempting such madness to rewrite the Constitution itself. After the Newtown massacre, Obama appointed Vice President Biden to head a committee to look into comprehensive laws to control people in gun ownership. Biden, after only a few days, came out and said that he and the committee will not be making any recommendations for legislative laws, but rather suggest that “there are executive orders, executive action that can be taken.” In essence, Biden is suggesting that Obama pass an E.O. that will work to infringe upon the Second Amendment.
While E.O.s seem reasonable when issued for things like EO 13521 – creating a commission to study Bioethical Issues, or EO 13559 which set the standards for the criteria of partnership between government agencies and faith-based organizations. However, when the E.O. is one that ignores the laws dully passed by the Congress, such as one that ends enforcement of the Defense of Marriage Act, or the one that bypasses immigration laws to stop certain deportations, then the President, as Chief Executive, is acting outside his bounds as a Legislator and not as an Executive. If Obama passes an E.O. that acts in spirit like a new law, then he is working outside the bounds of the office. History has shown us that Obama has nothing but contempt for the Constitution and that his education as a Constitutional lawyer is only called upon to find loopholes around the founding document.
If he is allowed to use the Executive Order to bypass the Second Amendment, and infringe upon our right to defend against this kind of tyranny, what comes next? Will he also make an order around the Fourth Amendment, and unlawfully seize our weapons if we refuse to comply? Will he bypass any number of Amendments and deny us our due process rights as he strips away our freedoms? If he is allowed to continue to trespass on our rights, as he has blatantly done in the past, without recourse then he will continue to press forward with new and more offensive rules. He will become more extreme and daring with each new order. Just like a child tests the boundaries and limitations imposed by his parents, so will the President test the limitations of his office.