All over the news today is rumor of a major power-grab by President Obama. Not rumor actually, he's being goaded into it by the Left Wing of his party.
The power-grab is in two parts, concerning the President bypassing the House on raising the debt ceiling, and the President bypassing the entire Congress to create new gun control laws.
Note that the latter item has been discussed in these pages for about 2.5 years, including the recent issuance of Dire Warnings by your blogger...
Taken together, Nancy Pelosi's call for the President to ignore the Constitution and assign himself the power to create debt in the name of the United States, and Joe Biden's call for the President to consider enacting his Panel's gun control laws by Executive Order, taken together, WILL precipitate a Constitutional Crisis.
As Newt Gingrich said on Fox News tonight, the Constitution has a general rule for Executive Orders: the President may use an Executive Order to direct the implementation of an existing Federal law. The President may not use an Executive Order to create law where none had existed before.
For the Debt Ceiling, there is NO law authorizing the President to raise the debt ceiling. The Fourteenth Amendment was NOT about that, it was about refusing to use the Good Faith and Credit of the Federal Government to stand behind war debt incurred by the Confederacy. To try to stretch that into blanket permission for the President to have the power to control ALL Federal debt simply ignores Article One, Sections Seven and Eight. To "parse" the Fourteenth Amendment on it's applicability where it conflicts with the basic Articles of the Constitution itself is simply wrong, and illegal.
For the Gun Control legislation the Biden Gang is about to come up with, there is a direct conflict with the Second Amendment and Tenth Amendment. The laws that Biden wants to come up with do not exist (the "Assault Weapons Ban" used to exist, but it expired and was not renewed by Congress, so it is not law). Likewise, no law exists to ban High Capacity Ammunition Feeding Devices or Private Sales of firearms by Federal law. Some hi-cap magazines and some such un-registered sales are already banned by State Edicts, so the Tenth Amendment is already in force on this issue, and for an Executive Order to be signed banning private sales, the idea that the Tenth Amendment already controls such law would have to be rejected, presumably by the Supreme Court of the United States.
When asked what would be the appropriate remedy for the President performing these Executive over-reaches, Newt Gingrich simply said, "Zero out the budgets of the agencies tasked with implementing the illegal Executive Orders."
Well, it might be difficult on the Nation to zero the budget of the Treasury Department, but the world would NOT stand still if the FBATFE's budget were zeroed, or the EffBeeEye's, either.
All that is not necessary, however. The House of Representatives has adequate legal counsel, and if such counsel were to opine that the Executive Orders were un-constitutional, the Speaker would simply memorialize the President to rescind them, and if the President failed to do so, he could be charged with Treason, a "High Crime", and impeached in the House. The Bill of Impeachment would then move to the Senate for trial, and I would have a hard time believing that there aren't six Democratic Senators who would not vote for conviction.
Then we get President Joe Biden. Something tells me that Uncle Joe is not so keen on ripping up the Constitution as his boss is, and he would likely rescind the EOs of Obama when reminded to do so by the House.
Here's the thing about Impeachment. Were a Bill of Impeachment to be filed, every one of the hundreds of Executive orders Obama has signed, some having great effect on commerce (e.g. the "war on coal"), would be looked at. Chances are, the Bill of Impeachment would demand such a review. Chances are, that the Bill of Impeachment would have a clause that said, upon a vote of Impeachment, that the House of Representative considers every action implemented by an Obama Executive Order to be improper, and thereby orders it's members not to appropriate any funds for the implementation of any of them.
My friends, there's a name for that.
It's called the Un-Do.
If Obama wants to precipitate the Un-Do of everything he has done since 1/20/09, including ObamaCare (many parts of which were done by Executive Order/Fiat), he should just go ahead and issue those Executive Orders. If he wants to keep his Office, he needs to ignore Nancy Pelosi and Joe Biden.
During his first term, the Third Debate and again right after Newtown, Obama DID say that he would leave gun control up to Congress and the normal political process. It's time he re-read his own speeches.