Re: Gun Control Through Democratic Executive Legislation?

Manuel, regarding Gun Control Through Democratic Executive Legislation?, I was recently browsing through the List of people pardoned by George W. Bush, as is my wont, and noticed this one: the pardon, on Jan. 1, 2009, of poor Charles Thompson Winters, who was sentenced way back in 1949. After 60 years in jail, Bush let him out. His offense? “Conspiracy to illegally export, and illegal exportation, of a military aircraft to a foreign country; 18 U.S.C. §§ 88 (1946 ed.) and 371, 22 U.S.C. § 452, and Presidential Proclamation 2776 (dated March 26, 1948).”

So the President has taken over the legislative function (making law, via Presidential Proclamation or Executive Order), judicial function (because of the “political question” doctrine or threats such as Court-packing or ignoring the Court (“John Marshall has made his decision; now let him enforce it!“) or even arresting judges), enforcing it (it is the executive branch), and undoing it at will (via pardon or inaction), like an Emperor. (He can also make the equivalent of treaties without getting the Senate’s approval, by using “Executive Agreements,” and this can, possibly, effectively amend the Constitution via the Supremacy Clause—because the Bricker Amendment failed.)


9:11 am on May 26, 2011