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Old September 5, 2013, 06:58 PM   #29
FALPhil
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Join Date: September 10, 2007
Location: Racoon City
Posts: 933
Quote:
FAL PHIL,
the exec order explicitly states it bans the importation by anyone NOT a government agency so this exec order CAN'T apply to government.
tahunua, I think you need to go back and research a little. Executive Orders are not mentioned in the constitution, therefore they do not apply to the people. The are an internal mechanism for use in managing the executive branch. Because they are not a specific and enumerated power, they cannot apply to "anyone".

How this affects "anyone" is that the agency/department which has authority for the activity mentioned in the EO has to abide by it unless overridden by Congress, or an exception is made in a subsequent EO. Curiously, if an agency head violates an EO, there is no provision for adjudication for the violation. The worst that can happen is that the agency head is fired.

So, to sum up, if an EO says that a class of firearms cannot be imported, the agency with authority to grant import licences is prohibited from issuing licences for that class of firearms. That is all the EO means. The way it affects "anyone" is that "anyone" can no longer get a license for import.

It is a fine distinction, and a functional equivalent of legislation, but it is easily overridden by other branches of government with just a little effort.

Frankly, I think there is a case to be made that most EOs since Gerald Ford are patently unconstitutional.
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