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Would Obama Be Violating the Constitution by Using Executive Action to Address Gun Violence?
11:09 am ET January 10, 2013
In meetings yesterday on gun violence in America, Vice President Biden said that the president might bypass Congress to make sure that new gun control laws get enacted. Can the president do that or would it violate the Constitution?
Judge Andrew Napolitano believes that because the president doesn’t have the authority to put a gun control law into place without the approval of Congress, Biden’s suggestion would involve some sort of excessive tax on bullets which would preclude many from buying them.
“In my view he doesn’t have the authority to impose the tax though the EPA has done this in the past without Congressional authorization,” Napolitano said.
In his column on FoxNews.com, the judge further tackled the issue, writing, “The right of the people to keep and bear arms is an extension of the natural right to self-defense and a hallmark of personal sovereignty. It is specifically insulated from governmental interference by the Constitution and has historically been the linchpin of resistance to tyranny. And yet, the progressives in both political parties stand ready to use the coercive power of the government to interfere with the exercise of that right by law-abiding persons because of the gross abuse of that right by some crazies in our midst.” Read his full column here.
Would Obama Be Violating the Constitution by Using Executive Action to Address Gun Violence?
11:09 am ET January 10, 2013
In meetings yesterday on gun violence in America, Vice President Biden said that the president might bypass Congress to make sure that new gun control laws get enacted. Can the president do that or would it violate the Constitution?
Judge Andrew Napolitano believes that because the president doesn’t have the authority to put a gun control law into place without the approval of Congress, Biden’s suggestion would involve some sort of excessive tax on bullets which would preclude many from buying them.
“In my view he doesn’t have the authority to impose the tax though the EPA has done this in the past without Congressional authorization,” Napolitano said.
In his column on FoxNews.com, the judge further tackled the issue, writing, “The right of the people to keep and bear arms is an extension of the natural right to self-defense and a hallmark of personal sovereignty. It is specifically insulated from governmental interference by the Constitution and has historically been the linchpin of resistance to tyranny. And yet, the progressives in both political parties stand ready to use the coercive power of the government to interfere with the exercise of that right by law-abiding persons because of the gross abuse of that right by some crazies in our midst.” Read his full column here.
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