What the hell just happened? 'Tyranny By Executive Order' | by Constitutional Attorney Michael Connelly, J.D.
What the hell just happened?
That is the question that many Americans should be asking themselves
following the news conference where Obama unveiled his plan for
destroying the Bill of Rights to the U.S. Constitution. At first glance
it appeared to be a case of Obama shamelessly using the deaths of
innocents, and some live children as a backdrop, to push for the passage
of radical gun control measures by Congress. Most of these have no
chance of passing, yet, Obama’s signing of Executive orders initiating
23 so called Executive actions on gun control seemed like an
afterthought.
Unfortunately,
that is the real story, but it is generally being overlooked. The fact
is that with a few strokes of his pen Obama set up the mechanisms he
will personally use to not only destroy the Second Amendment to the Constitution, but also the First, Fourth, and Fifth
Amendments. It will not matter what Congress does, Obama can and will
act on his own, using these Executive actions, and will be violating
both the Constitution and his oath of office when he does it.
Here are the sections of the Executive Order that he will use:
“1.
Issue a Presidential Memorandum to require federal agencies to make
relevant data available to the federal background-check system.”
What
exactly is relevant data? Does it include our medical records obtained
through Obamacare, our tax returns, our political affiliations, our
military background, and our credit history? I suggest that all of the
above, even if it violates our fourth Amendment right to privacy will
now be relevant data for determining if we are allowed to purchase a
firearm.
“2.
Address unnecessary legal barriers, particularly relating to the Health
Insurance Portability and Accountability Act, that may prevent states
from making information available to the background-check system.”
This should be read in conjunction with section 16 of the order that says:
“16. Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.”
One
of the few amendments successfully placed in Obamacare by conservatives
does appear to prohibit doctors from asking such questions. Yet, with
these two Executive actions, Obama is illegally amending an act of
Congress and setting up a procedure for him to force doctors to gain
information from patients about gun ownership, and to get our medical
history.
Section 3 of Obama’s order states:
“3. Improve incentives for states to share information with the background- check system.”
Once
again, what does this mean? What information does the Federal
government want from the states? Copies of state personal and business
income tax returns or court records of divorce and child custody cases
are possibilities that come to mind as well as our voter registrations
showing our party affiliations. How does any of this figure into our
right to purchase a firearm?
One of the most dangerous and troubling sections of the Obama order in Section 4 that states:
“4.
Direct the attorney general to review categories of individuals
prohibited from having a gun to make sure dangerous people are not
slipping through the cracks.”
This
section directs Eric Holder, the architect of Operation Fast and
Furious that illegally transferred several thousand semi automatic
weapons to Mexican drug cartels and resulted in the deaths of hundreds
of Mexican citizens and several U.S. border patrol agents, to now add
people indiscriminately to the list of Americans ineligible to purchase
firearms. Who might be added to the list?
Well,
let’s look at the record of the Obama administration. Shortly after
being appointed as the Director of the Department of Homeland Security
Janet Napolitano sent a list of potential domestic terrorists to law
enforcement agencies around the country. The list included individuals
who were pro-life, who supported the Second Amendment, who had Ron Paul
bumper stickers on their cars, and most disturbing, all members of the
military returning from combat in Iraq or Afghanistan.
The
list has recently been supplemented to include individuals who hoard
more than a week’s supply of food and water, and those who support
individual liberties and oppose big government. I belong on most of
these lists and I suspect that Eric Holder will be adding all of us to
the list of dangerous people not qualified to own guns. In other words,
you will no longer have to be a convicted felon or mentally ill to make
the list; you will qualify simply by being an American patriot.
This
is not a conspiracy theory, at the United States Justice Foundation we
are seeing increasing evidence that military veterans are being
specifically targeted by the Obama administration when it comes to
prohibitions against purchasing firearms. Any veteran diagnosed with
Post Traumatic Stress Disorder (PTSD) is in danger of being banned from
owning a firearm. Even those veterans suffering from mild depression are
being added. None of these conditions constitute a mental illness that
makes them a danger to themselves or others.
However,
in Obamaland veterans who took an oath to “protect and defend the
Constitution of the United States against all enemies, foreign and
domestic”, are definitely considered a threat to the new Fuehrer and
must not be allowed to own firearms.
If
we skip to Section 6 of the order we get a good idea of Obama’s real
intentions when it comes to gun control. That sections states:
“6.
Publish a letter from the Bureau of Alcohol, Tobacco and Firearms and
Explosives (ATF) to federally licensed gun dealers providing guidance on
how to run background checks for private sellers.”
This
is particularly interesting because one of the legislative proposals is
to require universal background check requirements for any firearm
transfer even between private citizens. In other words, you can’t sell
your firearm or even give it to someone s a gift without Federal
government approval. It is doubtful that this proposal will pass in the
House of Representatives, yet Obama is already setting up the mechanism
for enforcing the requirement. That is a clear signal that he doesn’t
care what Congress does, he is going to violate the Constitution and
bypass the Legislative branch in order to push his agenda to disarm the
American people. I suspect he will ultimately use Executive orders to
ban many weapons including most rifles and pistols.
There
are numerous other actions dictated in the Obama order, but I think you
get the idea. Our Second Amendment right is going to be taken from us
for whatever reasons Obama decides. The simple act of opposing these
actions can cause the Attorney General to place you on the list of
“dangerous people”. Our privacy will be violated and all of this will be
done without due process of law. That is what just happened.
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