Thursday, January 7, 2016

There were no executive orders

There were no executive orders


Gregory Korte USA TODAY

The actions contained no executive orders, the best known and most formal exercise of unilateral presidential authority — only a presidential memorandum asking federal agencies to study smart gun technology. He proposed only one new regulation, a Social Security Administration rule that would allow it to share lists of people on disability with the national background check system. And the centerpiece of the initiative was the issuing of a guidance document on which gun sales require a Federal Firearms License — and therefore subject to a criminal background check. That document mostly restates existing case law and breaks no new legal ground.

For all the predictions of executive orders exceeding the president’s authority, Obama’s actions generally colored within the lines.

“There is nothing here that anyone could say in good faith even pushes at the boundaries of executive authority,” said Chelsea Parsons, the vice president of gun policy at the Center for American Progress, a liberal advocacy group. She sees the actions as part of an incremental approach that Obama or future presidents can build on.

Republicans were underwhelmed. “Ultimately, this executive ‘guidance’ is only a weak gesture — a shell of what the president actually wants,” said House Majority Leader Kevin McCarthy of California.


Speaker Paul Ryan of Wisconsin promised “vigilant oversight” but said Obama’s actions were ultimately a “distraction.”

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