View Poll Results: Which of those would not pass Supreme Court scrutiny

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  • Any Executive Order

    3 37.50%
  • Any Executive Action

    5 62.50%
  • Expanding background checks

    1 12.50%
  • Reinstituting the "assualt weapons" ban

    6 75.00%
  • National database on those banned from owning guns due to mental health

    1 12.50%
  • Ban the sale or manufacture of magazines that hold more than 10 rounds

    6 75.00%
  • Ban "armor-piercing" amunition

    4 50.00%
  • Outlaw "straw Purchasers"

    2 25.00%
  • Background checks to return guns siezed as part of criminal investigations

    2 25.00%
  • Allow health care providers to, if they wish, talk to patients about guns

    2 25.00%
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Thread: Which Of These Would Not Pass Supreme Court Scrutiny?

  1. #11
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    Re: Which Of These Would Not Pass Supreme Court Scrutiny?

    Quote Originally Posted by Redress View Post
    No. I am asking which of those things is in itself unconstitutional.
    That is impossible to answer, since they are not worded as detailed law, simply goals or ideas. The devil, as always, is in those details. Much like asking is a law against murder unconstitutional - yes if no self defense provision is included, no if not.
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  2. #12
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    Re: Which Of These Would Not Pass Supreme Court Scrutiny?

    Quote Originally Posted by MaggieD View Post
    I see. In that case then, Executive Orders and/or Executive Actions would have to be evaluated individually. Either of those could be found unconstitutional -- and have been. The rest of them? I don't think any of them would be found unconstitutional.
    I meant(and apparently clarity is not my strong suit today), whether Executive Orders as a concept, and Executive Actions as a concept, are constitutional. That is, are either unconstitutional simply by being an EO or EA. And yes, that argument has been made right here on this board. Not by many though.
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    Re: Which Of These Would Not Pass Supreme Court Scrutiny?

    Quote Originally Posted by ttwtt78640 View Post
    That is impossible to answer, since they are not worded as detailed law, simply goals or ideas. The devil, as always, is in those details. Much like asking is a law against murder unconstitutional - yes if no self defense provision is included, no if not.
    Whgat would make any of them either constitutional or unconstitutional? Where would the line be?
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

    Quote Originally Posted by Fiddytree View Post
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  4. #14
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    Re: Which Of These Would Not Pass Supreme Court Scrutiny?

    None of the above
    Quote Originally Posted by matchlight View Post
    Justice Thomas' opinions consistently contain precise, detailed constitutional analyses.
    Quote Originally Posted by jaeger19 View Post
    the vast majority of folks that need healthcare are on Medicare.. both rich and poor..

  5. #15
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    Re: Which Of These Would Not Pass Supreme Court Scrutiny?

    Quote Originally Posted by Redress View Post
    I meant(and apparently clarity is not my strong suit today), whether Executive Orders as a concept, and Executive Actions as a concept, are constitutional. That is, are either unconstitutional simply by being an EO or EA. And yes, that argument has been made right here on this board. Not by many though.
    I think they are. I can buy this (from Wiki):

    Although there is no constitutional provision or statute that explicitly permits executive orders, there is a vague grant of "executive power" given in Article II, Section 1, Clause 1 of the Constitution, and furthered by the declaration "take Care that the Laws be faithfully executed" made in Article II, Section 3, Clause 5. Most executive orders use these Constitutional reasonings as the authorization allowing for their issuance to be justified as part of the President's sworn duties, the intent being to help direct officers of the U.S. Executive carry out their delegated duties as well as the normal operations of the federal government: the consequence of failing to comply possibly being the removal from office.
    To argue that they're unconstitutional on their face seems rather silly to me since they've been issued since George Washington's tenure.
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    Re: Which Of These Would Not Pass Supreme Court Scrutiny?

    Quote Originally Posted by Redress View Post
    Whgat would make any of them either constitutional or unconstitutional? Where would the line be?
    If they take away MY gun, or my right to keep and carry it, or require it to be registered or taxed. Many current laws cross this line, for example $240 CCW permits with no reasonable alternative. What use is a right to carry only an unloaded or locked up gun? To require paying the state a rights rental fee to keep that right is infringement. Sure I may still own it, just not use it as intended - clearly that is an infringement of the 2A. To turn a right into a crime is clearly infringement.
    “The reasonable man adapts himself to the world: the unreasonable one persists to adapt the world to himself.
    Therefore all progress depends on the unreasonable man.” ― George Bernard Shaw, Man and Superman

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    Re: Which Of These Would Not Pass Supreme Court Scrutiny?

    Quote Originally Posted by Redress View Post
    Whgat would make any of them either constitutional or unconstitutional? Where would the line be?
    The line was clearly drawn by SCOTUS when Harry Truman issued an Executive Order that attempted to put all steel mills under control of the Federal government. EO's EA's cannot make law. They can only help implement legislation already enacted by Congress.
    The devil whispered in my ear, "You cannot withstand the storm." I whispered back, "I am ​the storm."

  8. #18
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    Re: Which Of These Would Not Pass Supreme Court Scrutiny?

    I vote executive order and executive action. About the rest, who knows what they will decide is constitutional or unconstitutional, regardless of what the Constitution says about it. Look at the arguments that go on here about interpretations and definitions. IMO, it shouldn't be messed with at ALL because it is one of our rights.

  9. #19
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    Re: Which Of These Would Not Pass Supreme Court Scrutiny?

    Based on Scalia's ruling in the last Supreme Court Case, I'm guessing none of the regulations or actions would be declared unconstitutional. I dion't know enough about the history of how the court has looked at executive orders, but any of those things done by Congress would pass Supreme Court muster.

    Of course, since gun policy is set by the NRA, none of them will pass so it's probably moot.
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    Re: Which Of These Would Not Pass Supreme Court Scrutiny?

    I'm curious as to why people think they wouldn't reinstitute the assault weapon ban.

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