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Republican Gov Calls for Unconstitutional Remedy to Obama’s Executive Orders
Republican Governor Phil Bryant of Mississippi is calling for an unconstitutional remedy for what he sees as Obama’s “unconstitutional” use of executive orders regarding gun safety.
In a letter dated Jan 16 to his Lt. Governor and State Speaker, the Republican governor requests that they “immediately pass legislation that would make any “unconstitutional” order “infringing on our rights to keep and bear arms” by the President illegal to enforce in Mississippi by state or local law enforcement.” He seems to skate over the fact that “introducing” is not the same as implementing, though wasting taxpayer money on legislation they know won’t pass/fly seems to be the New Republican Way.
Bryant continues by saying that several states have introduced similar measures and he believes this will be “successful preventing this overreaching and anti-constitutional violation of our rights as American citizens.”
Bryant did this not knowing the specifics of the executive orders (here they are- and there is nothing here that can possibly be seen as egregious), but in his right wing hysteria about guns, he has shared this letter on his Facebook page. The letter calls for an unconstitutional remedy while decrying the unconstitutionality of executive actions.
Executive orders are not unconstitutional, and as a governor, he should know this. He is the executive of his state. Executive orders are legal, and both President George H. W. Bush and President Clinton used this power to address gun violence.
You know what is unconstitutional? Suggesting that state law overrides federal law. Had the Governor actually read the Constitution, he would have come across the Supremacy Clause.
Supremacy Clause Article IV, clause 2: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof … shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
Republicans love the Second amendment but the Constitution is a no go. Cherry picking the constitution is a Republican pastime. Speaking of the Second amendment, the Supreme Court has already ruled that reasonable restrictions can be placed on the Second amendment.
The Governor of Mississippi believes that he can ignore federal law at will.
Executive orders are often tested in the courts, as Obama’s surely will be. This is part of our checks and balances to test against overreach by the executive branch. But since Obama is a constitutional lawyer, no doubt he’s been careful about expanding on existing law in today’s executive orders. Obama himself noted today that there is only so much he can do by way of executive order, and that major changes will need to happen legislatively.
Nothing the President proposed today is going to take guns away from law abiding citizens, so this hysteria is only serving to separate Republicans further from mainstream America.
Governor Bryant needs to take the President’s warning that ignorance isn’t helping to heart.
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35 Responses to Republican Gov Calls for Unconstitutional Remedy to Obama’s Executive Orders
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djchefron
Jan. 16th, 2013 at 2:29 pm
To the Gov.of Mississippi
As your attorney general has informed you if he got his law degree from anywhere other than Oral Roberts or Regent that your actions are unlawful.
Furthermore if you still think that you can do what you please,ask South Carolina about how that “I don’t have to do as Washington says” how that worked out for them
Thank you for your time.
Maria
Jan. 16th, 2013 at 3:18 pm
You forgot to add Bob Jones University and… what was that place Jerry Falwell founded?
Shiva (Moderator)
Jan. 16th, 2013 at 3:25 pm
That was liberty I think
labman57
Jan. 16th, 2013 at 2:35 pm
Conservative dogma never changes.
The arguments used by conservatives today in their fight against sensible federal gun regulations mirror those of conservatives over 150 years ago in their self-serving opposition to the abolishment of slavery.
Once again, conservative politicians and pundits indignantly thump their chests, encourage their followers to take the law into their own hands — self-righteously believing that they must take an ideological dump on the fundamental tenets of our democracy in order to preserve them, and angrily chomp at the bit over another opportunity to be on the WRONG SIDE OF HISTORY.
George
Jan. 19th, 2013 at 9:43 pm
Mr. Obama has made his actual position clear by his voting record and participation in organizations that are against gun ownership by the public. In recent public discourse by the president, Ms. Pelosi, and other democrats it is quite clear that they intend to infringe on the 2nd amendment and they will gain as much ground as they possibly can as usual with the liberal media’s support.
It is also clear that they are delusional when it comes to what would actually be effective in curbing gun violence — namely that the arrival on the scene of persons with guns is usually what brings these incidents to a halt. If a gun wielding criminal or nut case knew ahead of time that administrators, janitors, or teachers may be carrying a concealed weapon this would certainly be a deterrant in many cases.
Try this mental exercise: imagine yourself in a department store or convenience store in Texas, considering the possibility that you will rob the store — you realize that any (possibly several) of the other patrons in the store may be armed (legally carrying a concealed weapon)… you shake your head and wish you were in New York and walk out of the store without carrying out your foolish plan.
Shiva (Moderator)
Jan. 19th, 2013 at 9:49 pm
More paranoia from the loons. Its illegal for anyone to take the guns away. No president would ever get the backing to do it from anyone. But here you are, sucking up everything the rest of the tools tell you. Move along
George
Jan. 19th, 2013 at 10:45 pm
For the history challenged: Note that the Republican party at the time preceding the abolishment of slavery was almost non-existent in the South. In the North, the Republicans elected Lincoln on an anti-slavery platform and President Lincoln succeeded in freeing the slaves, something that probably would have happened anyway without all the bloodshed of the Civil War. World wide public sentiment against slavery was rapidly increasing around that time (serfs in Russia for example were freed in 1861 and in Georgia — the country south of Russia, not the US State of George, the serfs were freed between 1864 and 1871).
See: this article…
en.wikipedia.org/wiki/His...
Shiva (Moderator)
Jan. 19th, 2013 at 10:54 pm
Well thats certainly interesting.
mjh
Jan. 16th, 2013 at 3:02 pm
Proof once again that righwingnuts never read the Constitution they claim to so loooove . . .
.
djchefron
Jan. 17th, 2013 at 9:11 am
Perhaps they know what the original intent of the 2nd amendment was all to well
The Second Amendment was Ratified to Preserve Slavery
truth-out.org/news/item/1...
Kimbutgar
Jan. 16th, 2013 at 3:15 pm
Another example of how Mississippi is racing to be the bottom of everything, bottom in education, lowest wages per capita, healthcare, but striving to be the top in gun violence. Way to go Mississippi! I feel so sorry for the poor people that live there. On top of having a dumb ass governor, their air and waters are contaminated. Who knows how many of the people are brain damaged from all the chemicals they inhale from the poisoned gulf to the lead paint.
Reynardine
Jan. 16th, 2013 at 3:18 pm
Infamously, Dr. Rosen, the psychologist who sheltered and comforted several children who fled the Sandy Hook massacre, has been targeted with death threats by gun nut extremists who call the shooting a hoax, and of course anti-Semitism has by no means been omitted from this *infamitá*.
Reynardine
Jan. 16th, 2013 at 6:52 pm
Whatever sneaking little massacre-denier is going around with a smirk like someone who farted in an elevator and succeeded in blaming someone else, I say come out of the woods and state your case, or live with the aspersion that you began life by causing your mother a radical episiotomy and have been at it since*
*Readers of Solzhenitsyn will recognize the vulgarity to which I allude, and which delicacy forbids my translating directly.
Shiva (Moderator)
Jan. 16th, 2013 at 3:21 pm
I think we have to remember that the Republicans do not run on constitutionality anymore. In their bid to do anything against Obama they have tossed the Constitution under the bus.
I seen it last night when we were deluged with people claiming natural law trumps everything. The only place natural law occurs in our Constitution is where it says that men were endowed with certain unalienable rights by their Creator. That is more or less a natural law statement. Unfortunately today there are many creators in this country my namesake being one of them. They also seem to forget that this will not stand up in court for 30 seconds.
This is desperation beyond what the dictionary defines desperation as when they are willing to give up all laws to illegally claim that something is illegal
UrbanLad
Jan. 16th, 2013 at 3:27 pm
Let’s hope that the Feds don’t apply various provisions of NDAA 2012 and 2013 to these clowns.
Churchlady
Jan. 16th, 2013 at 11:59 pm
Stand down – everyone’s civil rights survived in NDAA.
www.huffingtonpost.com/ka...
Do read the bill. One of the replies has the link. Even the RW goobers are safe. So are we all.
Joanne
Jan. 16th, 2013 at 3:34 pm
The constitution does NOT say that men are endowed with certain unalienable rights by their creator. That is in the Declaration of Independence, not the Constitution.
Shiva (Moderator)
Jan. 16th, 2013 at 3:45 pm
I stand corrected. You are absolutely right. Coding web pages while posting is not a good idea
Thank you
Brigita Petrutis
Jan. 16th, 2013 at 3:39 pm
Natural law is what the wolves did to Liam Neeson’s character and the rest, in that movie. If natural law should triumph, all of our attempts at civilized society are for naught. (“Whatever presents a threat to oneself, will be eliminated.”) Somehow, I think natural law will prevail in favor of those with more guns and manpower. Go for it, delusional gun nuts, extremists, and paranoid wackos. Go for it.
laingirl
Jan. 16th, 2013 at 3:51 pm
Republicans obviously think the Constitution says whatever they want it to say. I think they have short-comings in more ways than in just brain power.
djchefron
Jan. 16th, 2013 at 3:59 pm
Damn,those shortcomings must be very,very short.
Rudy Gonzales
Jan. 16th, 2013 at 3:59 pm
This once proud party of Lincoln and Reagan has free-failed into extreme radicalism. It is sad that outright bigotry has trumped this once sane segment of political power. Voter disenfranchisement is prevalent across the nation and Texas has become both lightening rod and laughing stock. Colin Powell is 100% right in his assessment. Sunday, 01-13-13, on Meet the press General Colin Powell delivered a scathing indictment of the current TEA-Republican party.(www.msnbc.msn.com/id/3032...) “Powell’s words ring dead-on,” as Cory Booker said, and I have been putting these same comments out ever since Obama won the right to run against the GOP.
After watching PBS’s program:
www.pbs.org/wgbh/pages/fr...
I am convinced these white minority TEA-types were and still are nasally in their whining over their loss to the first black president. Even McCain has turned out to be a 180-er on many issues and has lost any credibility once had. All twelve TEA-Republican’s mentioned have but one plan in mind – “Do nothing!”
Effectively keeping Obama from any accomplishments will solidify the 2014 vote to oust these radical fringe when possible.
www.pbs.org/wgbh/pages/fr...
Obama has been effective even with the head winds of the TEA-types and bigoted exercises they have put forth.
www.pbs.org/wgbh/pages/fr...
Do not sit on the sidelines and allow others to make decisions that will effect you, or your family directly, without your input. Get active in local, state and national politics and keep yourselves informed. We can make a great change in the 2014 Mid-term election!
Reynardine
Jan. 16th, 2013 at 6:57 pm
You’re young, Rudy. The Republican Party had reason to be proud of Lincoln and Teddy Rooseveldt, and at least not to be ashamed of Eisenhower. I could not watch Reagan speak without viewing him as a mouth brainlessly shitting evil into the world, and that evil has turdballed into a juggernaut threatening to crush the planet.
Reynardine
Jan. 16th, 2013 at 7:17 pm
Roosevelt, sorry.
Churchlady
Jan. 16th, 2013 at 11:49 pm
The key transformation came toward the end of the 1970s when the GOP admitted the power of the Religious Right over every single policy. Reagan sold out, lock, stock, barrel to the religious extremists, and they have run things ever since. They are corporatist, favor the rich, and are determined to impose their form of Christo-fascism upon the world. And until the GOP make a serious break from them, this insanity will NOT end.
J.J.
Jan. 18th, 2013 at 1:05 am
In those first few years of the Reagan presidency I actually believed this supply-side crap. I was young and foolish … please forgive me.
The “Star Wars” defense idea should have warned me he was not all there.
Conservative Heart
Jan. 16th, 2013 at 4:00 pm
Liberals ain’t know nuthin’ bout the constuttuion.
that’s b/c they ain’t no patriots.
every good murcan knows the constuttuion says whatever the hell us real god-fearin good murcans says it says.
djchefron
Jan. 16th, 2013 at 4:08 pm
I got one for the high crimes and misdemeanors impeachment crowd
The President will faces charges of Executive Leadership of the United States while Black.
Reynardine
Jan. 16th, 2013 at 7:10 pm
¡Poe! ¡Edgar Allen!
Virginia
Jan. 16th, 2013 at 5:31 pm
Exactly what kind of moron is this man? Let’s see, don’t infringe on anyone’s right to bear arms and by requiring them access to guns without background checks, is that what you are crying about? Well, did you ever consider that by that standard, all those people you fear so much will have equal access to guns and weaponry? So go on hyping for the right to stockpile weapons and know that when you buy your weapon, your most feared enemy has the same right to stockpile weapons, this includes Blacks, Browns and Muslims you hate so much. I guess you are trying to implement an eye for an eye or tit for tat agenda. Ha!Ha! In reality, the joke is really on you and all your redneck cohorts!
Reynardine
Jan. 16th, 2013 at 5:35 pm
Don’t think this secessionist/insurrectionist business is accidental. m.motherjones.com/politic...
MrsGunka
Jan. 16th, 2013 at 6:16 pm
I don’t know about the rest of you, but I want to take my country back..to before the Tea Party, Bush I and II and before they anointed Reagan as the second coming of Christ. Reading the Constitution is like reading the Bible, hard to understand either one. That is why we have people who know what both says. It was beyond my comprehension in the 8th grade and still now that I’m 73. I assume those writing our laws of the land know what it means. I doubt those clinging to their 2nd Amendment rights understand it either. But Alec, Koch Bros, 1%’s, gun manufactures are doing everything they can to let them shout their stupidity and send fear into their hearts. It just amazes me we have so many like this because we have a black man in the Oval Office. I don’t remember this hatred before the a fore-mentioned got into office. We voted and we lived thru the man who was voted into office, no matter which side won. We had respect for the office. If we didn’t like what he did, we voted someone else in next time and everyone seem to work together for our country to excel! Before lobbyists paid for their votes. So sad, We the People don’t matter anymore. Just the 1% matter now and how much money they can get from the government. Now they don’t even care about safety nets or small children attending schools.
JCG
Jan. 17th, 2013 at 10:22 am
I agree with the President that some strong measures are needed and that every single gun control proposal that I have ever heard of clearly does not over reach the limitations of the 2nd Amendment. However, I am concerned that the governor of my state of MS (which seems to never pass up an opportunity to embarrass me) may be using a viable loophole. From what I read, the Supremacy Clause does not extend to executive orders. The only leverage that I can see that the executive branch has within it is the protection from interference from states with federal agency operations. I didn’t find anything protecting the actual executive orders from state opposition. Only federal law and treaties appear to have that protection. But someone please prove me wrong! I’d love to know that my state cannot cherry pick which federal directives to follow.
Sarah Jones
Jan. 17th, 2013 at 11:25 am
JCG,
The Supreme Court rejected the notion of nullification in a series of decisions in the 19th century (based on, in part, the Supremacy clause). The Civil War then settled the issue until Republicans brought it up under the Obama presidency.
Your Governor is not entitled to override federal law, and executive orders are law. The only difference is they can be overturned by the next president.
As for directives, etc those go to administration’s agencies on a federal level re how to implement policy. The only way to override this is the next president does it. This is why Republicans are so angry- they can’t do anything about this even in Congress. This is an executive branch power and they know it.
RobertX
Jan. 17th, 2013 at 1:55 pm
You liberals just don’t get it. “Unconstitutional” means “I don’t like it.” “Constitutional” means “my tea-party constituents will send me money if I support it.”
And, of course, in issuing executive orders (or in this case, executive actions) Obama is jes’ being uppity. The boy had oughta larn his place.