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If a President were to issue an EO saying that all Federal gun laws are hereby struck down, he would simply be following the Constitution itself, which states that the Constitution is the supreme law of the land, and is superior to any Federal or state law. Most Federal gun laws violate the 2nd amendment, so the President would simply be obeying the highest law of the land.
If the Fed govt were to, say, make a law saying it was OK to kidnap black people off the street, put chains on them, and force them to work on your farm for no pay and meager subsistence, the President would be fully justified, and legally correct, to issue an EO immediately, declaring that law struck down and void, since it clearly violates the Constitution he swore to uphold. Why should he treat the 2nd amendment any different from the 13th?
The more I think about a President issuing an EO striking down various Federal gun laws, the more I like it. It would clearly be 100% legal and Constitutional, since (a) the 2nd was passed by Congress and ratified into law, and (b) the President himself swore to uphold it - ALL of it.
I suppose that he could instruct the Attorney General not to enforce those laws. But that would create a risk of impeachment, since not everyone in Congress shares the free-for-all interpretation of the Second Amendment.
I suppose that he could instruct the Attorney General not to enforce those laws. But that would create a risk of impeachment, since not everyone in Congress shares the free-for-all interpretation of the Second Amendment.
The Congress is run by people we call establishment and they haven't stood up to The One in quite a long time. They have been the ones who made his issuance of EOs effective.
I think he will try, though. He really thinks the last election gave him a mandate to complete his transformation of the country to something he wants. Yep he promised all that and really thinks he has been given a mandate from being re-elected.
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