LATEST ON SATURDAY'S SHOW: ON SECOND AMENDMENT. We will air at 11 a.m. sharp. Andrew Kirch will join our panel. We should be able to announce, later today, where we will have The Show.
President Obama announced his plans to address gun violence. Senator Rand Paul characterized the President as monarchical (as did Sean Hannity, but at least Paul does not have to rely upon staff writers to spell "monarchical" correctly). Others mentioned impeachment of the President because he had overreached his authority and assaulted the Constitution he has sworn to protect and defend.
First, he has not assaulted the Constitution (presumably the Second Amendment in particular). I will get to that in a moment, because, second, every president could be said to have "assaulted" the Constitution, in one way or another. With the Alien and Sedition Acts, the John Adams administration certainly took a shot at the First Amendment. President Jefferson followed up with his own ways of pushing the Constitutional envelope. President Lincoln famously suspended habeas corpus during the Civil War.
Now, let me return to the 23 executive orders announced yesterday by President Obama. All would appear to fall within the scope of powers as conferred upon the President of the United States in Article II, Sec. 1, Clause 1 (the executive power shall be vested in a President of the United States of America) and Section 3, Clause 5 (take care that the laws be faithfully executed). Also, though not specifically mentioned. the President has the power to issue administrative powers consistent with the requirements of his office. These include the issuance of presidential memoranda and date back to the first administration of George Washington.
The 23 orders include:
1) Issue a presidential memorandum to require federal agencies to make relevant data available to the federal background check system ("FBGCS" to save time).
2) Address barriers (particularly in HIPAA) that may prevent states from providing information to background check systems.
3) Provide incentives for States to share info for the FBGCS.
4) Direct the AG to review categories of individuals prohibited from having guns to make sure dangerous people are not "slipping through the cracks."
5) Propose rulemaking to give law enforcement agencies ("LEOs") background enforcement ability to run full BG checks before return of seized guns.
6) ATF to publish a letter to federally licensed gun dealers on how to run BG checks.
7) Launch a national safe and responsible gun ownership campaign.
8) Review safety standards for gun locks and gun safes.
9) Prez Memo: Require federal LEOs to trace guns recovered in criminal investigations.
10) DOJ info on lost & stolen guns to be given to LEOs.
11) Appoint a director of ATF---blocked the last couple of years by the Republicans in the House.
12) Training for LEOs, 1st responders, and school officials for active shooter situations.
13) Maximize enforcement efforts to prevent gun violence and prosecute gun crimes--i.e., enforce existing laws.
14) Prez Memo: CDC to research causes and prevention of gun violence---defunded by the House the last couple of sessions.
15) AG: report on availability of gun safety technology.
16) Letter: Obamacare does not prevent doctors from asking patients if they have guns in their homes (esp if the patient is delusional, I would think).
17) Tell drs no federal law prevents them from reporting, to appropriate LEO, threats of violence by patients (and tort law has developed in most states that the docs should anyway).
18) Provide schools w/incentives to hire school resource officers.
19) Develop emergency response models for schools, places of worship, and places of higher education.
20) Issue a ltr: mental health ("MH") services Medicaid must provide.
21) Finalize4 regs for Obamacare exchanges.
22) Finalize MH parity regs.
23) Launch a national dialogue on MH.
I do not see anything impeachable in that list: no blue dress; no tapes of discussions of conspiracy in the Oval Office; no plans to scuttle reconstruction of the South.
The President also asked for legislation to be passed by Congress. There is nothing impeachable in that.
I do not believe the President went far enough. In the alternative: don't want an abortion? Don't have one. Don't want gun violence? Don't own a gun. Saturday we'll discuss all these issues.
4) Direct the Attorney General to review categories