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What can Obama do with executive orders?

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    'Factor' debate on the use of executive orders

  • Duration 5:00
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Now the top story tonight opposing point of view.

Join us from Los Angeles Adam legal -- constitutional law professor you -- our professor generally speaking and then we'll get specific where my going wrong.

Well to portray what problem president Obama's doing as a power grab big nor is a long history of executive orders.

The constitution says that the president has the executive power and also says that he -- take care that the laws be faithfully executed.

Every single president going back to George Washington.

Has used those powers to issue executive orders.

Sort of for -- -- this is some kind of power grab just seems to me up a bit exaggerated all right but if you if you use your executive order.

Power to circumvent congress because you can't get what you want past and that's what he's doing here I believe in the gun control issue and probably.

In the debt ceiling issue.

Doesn't that smack of totalitarianism.

Look I'm not gonna go with the checks and balances at the founding fathers put into place.

Ominous sign my name and -- gonna do it.

-- we still have checks and balances we still have the judiciary -- executive order can't be challenged in court.

The truth is is that the courts -- generally upheld executive orders finding them perfectly consistent with the constitution.

And they've -- -- on important issues to president Truman -- an executive order to desegregate the military when congress wouldn't act.

Swim a long history of executive orders even unconstitutional if -- -- don't really see any -- violate the separation of power you do see that it will wind up in court and it will be a mess and if if it's particularly on the gun issue.

Now how do you see it coming down let's let's take the guns first bomb the house is not going to go along with the president's overall view they may make it.

A couple of minor tweaks here and there how do you think the president is gonna handle.

Well I think it's certainly possible that we're going to see some kind of executive order from the president that's what Joseph Biden said the other day and I think repeated that today.

So we're likely to see something but the what the president can do -- an executive order is somewhat limited.

I think the things that he could do he could tighten restriction on imports on assault weapons.

George H.

W.

Bush the first President Bush did the exact same thing during his presidency.

And he could also increase the reporting of mental health -- among federal agencies there's no reason why -- one federal agency has information about someone being declared incompetent.

That shouldn't be shared with the -- either of those running a background.

We get him into trouble if he then says you can't have this particular gun or you can have more -- A clip -- more than ten bullets then he's gonna get into trouble but if he just keeps it in the general sense.

-- they'll be a little bit of an -- now on the fiscal business.

You know it's a horse trading proposition that the Republican Party which wants smaller government and not cut back spending it's -- -- went out and give you authority to raise.

The debt ceiling unless you give us something back which means you cut entitlements a little bit or you do this that the other thing.

And what do you -- likely to happen there.

Well do it is really an unprecedented situation you know we've had the debt ceiling raised.

Over seventy times in the last fifty years congress has always dutifully done it's job and raise the debt ceiling.

Even under divided how and I divided congress is divided government Democrats in congress raise the debt ceiling twelve times for President Reagan -- his request.

That what's unprecedented is we've never seen congress tried to use the debt ceiling as a tool of negotiation.

But I never -- -- -- this is not a dad I mean we we have a frightening amount of debt now.

Sixteen and a half trillion dollars and I gave -- the stats up top.

About -- Obama's spending more than every other president combined so that it it's a different situation.

Then it was under Ronald Reagan.

Now I understand that the president can't order congress.

To.

Raise the -- he can't do that by any order but he can't ignore it he can -- -- executive what is that.

The way -- keep paying unity unity and stuff off is that true is that what he can do.

Well that's roughly the case -- -- -- tried to find other solutions you've heard about the minute the coin option what is the way Obama pointed trillion dollar coin would is that what he's battled back.

Well -- it's a loophole if you well and federal law is the government has not allowed to print money yet new money to pay its debts.

But there's a provision for platinum coins specifically only for platinum -- That allows the secretary of the treasury to issue platinum coins in any size.

-- any denomination whose legitimate trillion dollar coin nobody.

Look if he does that then -- you know whole hell's that break loose.

In this country I agree I think politically that is a bad option will give you with more than a tight rope though Barack Obama and only pays only elected by three and a half million books.

Do you think he's walking a kid -- right now.

He is but I think the tyra was really congress you know the president doesn't need to face reelection its members of congress who if people services are going to be cut.

They're gonna have to face yes -- Republicans are gonna give anymore that -- is not so that's we got.

I'm real chaos up there.

A professor enjoyed talking to you thanks very much.

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