Mechanism to enact the ban...

[Fred @ Bison Tactical]

Ok, so I have read through some posts where people talked about the Executive Order and it was debated what if any effect it could have or how it could be used to make a ban.

I am curious what other possibilities people see to enact the ban.

For example - recently I heard about a push to change the rules in the Senate to remove filibuster. A filibuster is a way of a smaller group in the Senate using up time so that bills cannot be passed even by a slight majority. A 60% majority is required to avoid filibuster. However, this could be changed by a simple majority vote on the first day of the session - say in January.

Does anyone have any thoughts about how this could be used to implement the ban -rather than say an Executive Order which may not become law? A neutered Senate - which is the only resistance to passing a ban - or a UN Treaty would be a scary second term for Obama...

 

[Fred @ Bison Tactical]

Re: Mechanism to enact the ban...

For example, I heard stories about legislation getting passed while most of the congress has already left for recess - and only a few remain. In this case, obtaining a majority of the "sitting" congress could enact whatever they want...

 

[Fred @ Bison Tactical]

Re: Mechanism to enact the ban...

Also, anyone want to educate me on the Executive powers to make a Foreign Policy Executive Agreement - which unlike a Treaty doesn't require Senate approval? I am specifically interested in how this could be used to over rule state gun laws - since an Executive Agreement - say with the UN - would trump State powers - but would be subject to the Constitution and existing Federal Law. I could see this a an end-run around senate confirmation of a treaty say requiring national registration - but since this wouldn't conflict with existing Federal law - would there be anything to stop it?

 

[Sebben]

Re: Mechanism to enact the ban...

Everyone needs to do their part to ensure that another weapons ban does not happen. We need a list of people to contact/write to prevent this from going any further before it's to late.

 

[DT1]

Re: Mechanism to enact the ban...

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Sebben</div><div class="ubbcode-body">Everyone needs to do their part to ensure that another weapons ban does not happen. We need a list of people to contact/write to prevent this from going any further before it's to late.</div></div>

The "list" you want consists of 3 people. Your two senators and your House representative. They all have websites and you can communicate with them through e-mail there.

It is very important to let them know how you feel. The main stream media is making a big deal out of saying how many gun rights people are now "receptive" to gun control measures. They better hear otherwise or they might vote the wrong way. Republicans and Democrats alike wet their fingers and see which way the wind is blowing in times like these.

As for repealing the filibuster, it won't happen. All the Chuckleheads in Washington (both parties) know they'll be in the minority at some point. If the minority party lacks the ability to filibuster the majority party will rule with an iron fist.

 

[KYpatriot]

Re: Mechanism to enact the ban...

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: HeroFish</div><div class="ubbcode-body">Also, anyone want to educate me on the Executive powers to make a Foreign Policy Executive Agreement - which unlike a Treaty doesn't require Senate approval? I am specifically interested in how this could be used to over rule state gun laws - since an Executive Agreement - say with the UN - would trump State powers - but would be subject to the Constitution and existing Federal Law. I could see this a an end-run around senate confirmation of a treaty say requiring national registration - but since this wouldn't conflict with existing Federal law - would there be anything to stop it?
</div></div>

A Foreign Policy Executive Agreement is not a treaty. Treaties properly confirmed by two thirds of the Senate become the supreme law of the land but still cannot trump the Constitution.

The President has considerable power using his executive agencies, like the FBI, DEA, NSA, BATFE, EPA, etc. to implement executive agreements, but those actions can be challenged in court.

The conflicts inherent between the Congress, citizens, and the Presidential powers are many and in a serious case such as this will end up before the Supreme Court. Thats why appointing justices is, in my opinion, the most far reaching power a President has. Good luck with that the next few years.

In the end, bad law can be nullified by the citizens themselves. We haven't been down that road in awhile. Remains to be seen whether we as a people still have it in us or not. We may find out depending on how this goes.