This blog originally founded by Blogger who holds a theological degree and a doctorate in Counseling Psychology. Taught Psychology for 32 years and is now Professor Emeritus. Is a board-certified psychologist and was awarded the Lifetime Achievement Award in his profession. Ministered as a chaplain, and pastored Baptist and Episcopal churches. Publications cover the integration of psychology and theology. Served in the Army, the Merchant Marines and the Peace Corps.

Wednesday, January 6, 2016

Judge Napolitano: Why Obama's Executive Action on Guns is Unconstitutional

    Guns and background checks, by  Judge Napolitano      Here’s a look at what the president is doing and if it is even legal under the Constitution of the United States.  "The president has very little room
 
to issue executive orders on guns because the congressional legislation is so extensive, detailed, and clear. The principal thrust of the president’s orders addresses the requirement for background checks in occasional sales and the requirement that occasional sellers become federal licensees and the imposition of reporting upon physicians." (My emphasis)
 
"Congress has expressly removed occasional sales (sales not made by full-time dealers) from the obligation of obtaining federal licenses and from conducting background checks".

"The president is without authority to negate the congressional will on this, and any attempt to do so will be invalidated by the courts." "By defining what an "occasional seller" is, the president is essentially interpreting the law, a job reserved for the courts."

The courts will ignore his interpretation, and impose their own.

As well, by requiring physicians to report conversations with their patients about guns to the Department of Homeland Security, the president will be encouraging our government to invade the patient/physician privilege.

"Finally, we still have a Constitution in America. Under the Constitution, Congress writes the laws, the president enforces them, and the courts interpret them".

President Obama can no more write his own laws or impose his own interpretations upon them than the Congress or the courts can command the military.


Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel.

17 comments:

Sarkazein said...

Will Obama declare Global Warming deniers mentally ill by fiat?

Democratus Rex said...

Why would you tell your Dr. about your guns?

Global warming deniers are mentally ill.

USS Rodger Young said...

Democrapus Perplexed - global warming was proven a hoax 5 years ago when the doctored "studies" were found and distributed around academia. Those leaked documents set the global warming fiasco back a few years. But liberal sheep (you)never let facts get in the way.

As for not telling the doctor you have guns - this is the exact reason you should never register firearms (background checks are registration). When the good doctor turns your name into the feds, they check it against the registration list and walla!!!! the knock on your door won't be a friendly one. A socialist's dream.

Wolf's Head said...

Anthropogenic global warming believers aren't mentally ill, just STUPID.

The deniers are smart enough to tell a turd from a turnip, which explains alot about democrat candidates.

Happily Married said...

Now this is truly funny - WH, USSRY, and Sark take the position that global warming is a hoax. 200 worldwide scientific organizations - now understand that means that at least half of the scientist in these organizations have agreed - take the position that global warming is man made:

https://www.opr.ca.gov/s_listoforganizations.php

Just because someone found errors - or even if there was perceived or real malfeasance regarding one particular source - does not alter or change the basic science behind it. Even if a few scientists drink the republican conservative Kool aid - does not mean the science is not there to back it up. Even in the 50's some doctors went on tv and proclaimed smoking was good for you. Denying science for political reasons that ultimately might endanger entire societies is simply inexcusable.

Sarkazein said...

Happy illustrates how Obamacaretax was passed and supported by most other total liberals too. False data, no problem. Lies, no problem. Errors, no problem.

Anonymous said...

Has the earth ever "warmed" absent human industrial activity? (Yes - ending the Ice Ages, anyone?)

Does this mean that "global warming" CAN happen without it being caused by human activity? (Yes)

What caused this previous cooling and warming, and how can anyone scientifically prove conclusively that all global warming now is solely the result of human activity when it obviously has happened WITHOUT human causes previously?

Arguing that "the science is settled" flies in the face of actual science. The scientific method REQUIRES doubting of commonly held assumptions, requires they be held up to careful analysis and observation. Scientists should freely and honestly share all data so that other scientists can replicate and verify findings and conclusions. Falsifying data, hiding results and demanding that no one doubt conclusions is very "unscientific."

Note, I don't claim to be a global warming denier or supporter, only that the methods of those putting forward global warming should, in and of themselves, should cause free thinking people to question global warming claims.

Blogger said...

Will someone tell me what the hell is going on. I work for hours to get out a timely post on the most important issue, Obama's attempt to undermine the Second Amendment. What do I get back? Global warming, open carry, Obamacare and lord knows what else. Am I now living on a different planet? Or, perhaps I did such a good job on these three articles, nothing additional was needed to be said. Please tell me that is what is going on!

Sarkazein said...

I think it's the global warming causing me to run off topic.

Sarkazein said...

On my part, I read your posts and I am more apt to think about the content and agree with the post and then I have little to add... it's like RUSH.

Sarkazein said...

CLICK HERE

Anonymous said...

The president compared buying a gun online to shopping at Amazon. Anyone bought a gun online? As I understand it (looking at gun websites), an online seller, like Cheaper Than Dirt, only ships gun purchases to licensed dealers, who then conduct the background check before transferring the gun to the buyer.

It's the misrepresentation by this president that galls me...

Anonymous said...

People who have never bought and do not own a gun will believe anything about how guns are ACTUALLY bought and sold, true or not.

Sarkazein said...

Anonymous 11:35 AM- Obama would be one of those people.

Anonymous said...

Blogger said...
Will someone tell me what the hell is going on. I work for hours to get out a timely post on the most important issue, Obama's attempt to undermine the Second Amendment.

Really, Blogger? You worked for hours to cut and paste a post from another web site?

Wolf's Head said...

"The president compared buying a gun online to shopping at Amazon. Anyone bought a gun online? As I understand it (looking at gun websites), an online seller, like Cheaper Than Dirt, only ships gun purchases to licensed dealers, who then conduct the background check before transferring the gun to the buyer. " anon

YEP, I have.

If you buy from an out of state individual or dealer it MUST be sent to a licensed dealer in your state who enters it on his books and you MUST fill out a form 4473 just like any other purchase from a dealer, who does a NICS check or checks your carry permit.

If you buy from an in state dealer you MUST fill out a 4473 and have either a NICS check OR a current Concealed Carry Permit.

IF you buy from an in state individual then the state and local laws come into play. In NC you may buy or sell a long gun to an individual without any paperwork or checks. Pistol sales in state require either a pistol purchase permit from the Sheriff OR a current concealed carry permit. In other states there is no requirement for a permit for pistols either.

However, if you buy a firearm from the Civilian Marksmanship Program, a fed gov program, you fill out the purchase info, pay your money and they MAIL it to your door, just like the good ol' days when lefties were just a little kid that should have been beat up more on the playground. So Obama is the one sending guns to you without a form 4473 or a dealer.

The term for firearms bought without paperwork is "Free Market Firearms", and that is FULLY within the intent of the Constitution.

Obama also said that in some neighborhoods it's easier and CHEAPER for a 12 year old to buy a gun than to buy a book. THERE ARE NO FIREARMS THAT CHEAP.

HERE is the CMP website where it explains how to buy a military weapon from Obama.

http://thecmp.org/

Wolf's Head said...

Blogger,

I had posted a reply to Anon 11:34 which showed on my screen as being up, but when I checked the blog a little while later it was gone.

Did I offend in some way? It was a rather lengthy reply.