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Legal implications of executive action on gun control

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    President vows sweeping gun control moves

  • Duration 3:50
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-- -- as we've been telling you all day long is just a few hours from now -- Obama will announce his administration's plans to reduce gun violence.

According to reports the president is expected to consider some nineteen executive orders that don't require congressional approval so.

-- two weeks back and what possibly legal fallout could come from this is I come back.

It's -- constitutional law attorney and former White House counsel under President Reagan and president HW to bush he joins us right now David what do you expect today.

We do not know for sure but we're clearly no one thinks he can not do by executive order.

Anything that congress has not delegated afforded me important where -- -- what domestic policy where the president.

-- -- -- power so you cannot ban.

High capacity magazines by executive order he cannot ban so called assault weapons I expect that most of them would deal with trying to -- Embellish on his existing authority to conduct background checks.

But even there appears to be careful in the way that is being done if it in in -- -- it does not frustrate the fundamental constitutional right.

In the Second Amendment.

But I mean his -- this -- power grabs doesn't seem to of that stuck in its early dinner and when we election no congressional approval for -- strikes remember they just started.

Recess appointments -- executive orders to stop deportations he's done that.

-- to Obama care we know how he did that.

And the Department of Justice did not hold -- all polled Almonte the -- of welfare work requirements and the contraception mandate he did that by himself.

And this would be something very similar to the pattern we saw in the first four years.

You have -- right -- -- a pattern of ignoring the constitution trying to -- -- power quite frankly.

The Republican president had done so both congress in the mainstream media would be.

In in the state of uproar.

He can try that but again I think he would fail.

There would be challenged looked franking it's very very injurious no lead unconstitutional system.

But -- any kind of effort to Foster consensus so whatever he does by executive order in my opinion at best would be ineffectual.

-- worst would be counterproductive if he does by executive order things that really burden.

The right to have -- to -- firearms.

Are they would be challenged it eventually would go down and he has to be very care four -- to background -- let me give you a quick example.

You cannot have a background check system but effectively prevents people from wind -- If a government what to say we can only -- blessed people who get an affirmative.

Our mental wellness.

Information.

Be able to purchase -- that effectively would prevent virtually all Americans.

From gaining access to firearms because most of us to not have.

Some information.

That -- gives us that affirmative players as you mentioned earlier a few minutes ago.

Bob they are also problems psychiatrist conveying that kind of information to the federal government so to be very careful what hell hole background check issue plays out.

You know you brought up that that the most -- point today.

Without -- law degree fundamentally if I want to get something done.

And I go do it on my own and and ask people to agree or expand on it -- poison the well any -- at any hope of consensus so if you really wanted to get some done.

He'll go do the cowboy thing today at 1145 correct.

Absolutely correct unfortunately on this issues many operations including obamacare in immigration reform.

I'm afraid the present it is not interstate and and in fostering consents and having constructive solutions is interested in scoring cheap political points and now.

And pushing back as much as possible against Republicans that's the sad reality here.

And with children sitting by to -- of the heart strings who will be there.

Well those kids have written him letters wanna be safe in schools David Rifkin going to be adjusting to see -- rolled out where we go from there thanks so much for joining us today -- to -- -- your brand.

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