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Will the President Bypass Congress on Gun Legislation?
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Attorney Faith Jenkins on the possibility of an executive order to enact gun legislation.
- Duration 6:57
- Date Jan 11, 2013
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Attorney Faith Jenkins on the possibility of an executive order to enact gun legislation.
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Back to the gun debate and executive all of to do something on guns still very much on the table a Tony -- Jenkins is witness.
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- The president could bypass congress to get something don't.
Have gone controlled by executive order now constitutionally.
-- all -- lawyer -- can he do that.
Yes you absolutely -- and president's going back all the way to George Washington pricing has had used the executive order.
To implement a loss for example president truly using executive order to desegregate the village hearing with congress -- refuse to act.
So in this case not only can he do it but also there's -- Supreme Court case 2008.
-- District of Columbia vs hello when the Supreme Court hailed that lost that impose reasonable gun violence prevention strategies.
Our constitutional.
So really depends on.
What could be this executive order we don't know yet but if it's something that's reasonable for example requiring a federal.
Database and federal agencies to share information -- people who are mentally ill.
That warns us budget -- -- that is legit and he can do this can do it now will there be a lawsuit.
The checks and out that's -- -- -- people -- -- we'll see you but that litigation was tied up for years.
OK so but he could impose the executive board and you would be in place even though is being appealed in the -- in along what you propose is right so bottom line here fight -- yet he can do it.
The next question.
Should he do it.
Your -- Well I -- listening.
I don't know what choice the president thinks he had seen -- -- house it depending on what he proposed fifteen he passed legislation in the house right now.
I don't know if that's possible so lot of people are saying he's want to circumvent the legislative process -- -- it has to sort will -- -- he may not have a unless you for your opinion.
Shooting she do it I'm I think it depends on what he proposed is I think it right now the public is not ready to -- restrictions on certain types of weapons they're not ready for president say when you know what you cannot -- you can not only semi automatic weapon.
I think that that would create a huge amount of backlash of people aren't ready for that however.
As a former prosecutor I don't think people should have certain guns.
Look at the outlet and -- -- supposing the president said by executive all of up I want everybody everybody to have a background check you do you think you should do asked.
Look at not all that's common say it's double.
Hello -- we were short and -- Gerri Willis is an audio Jerry was saying I don't -- paraphrase your argument but you're saying that this is such an important issue we should see this stuff.
-- -- this is contentious and Americans feel very strongly about the issue of guns -- gun control.
And how we what we should do so it shouldn't be one elected person the president deciding how we handle this issue.
It should be all our elected representatives -- you should.
Not be clamping down on our free expression of democratic -- him you know to know.
And -- I'm not doing that act full bet you didn't in the wake of what we've seen happen recently especially happiness and -- people want something to be done and they want to see.
And immediate rehashing I -- -- the -- -- say Americans aren't ready for an on the other hand you say people want it.
Let us decide no -- -- this guy want actually want action now and I think that with the congress -- is now we're not seeing people working together in Washington to to bring about the change that we need.
So -- That the president taking certain actions may be a positive step in the right direction and this is just one aspect of -- there's so many.
Understood areas they need to they need to be addressed to address the gun violence epidemic in the cut for what -- -- I think -- is right in the sense that the president will issue an executive order because there is a public demand to do something.
Whether or not he's the right thing is another story entirely but there -- pressure to do some thing.
And you could not put this through congress with a legitimate well debatable whether Michael EST Disney is precisely the homosexual got Charles.
It it's you -- sad -- that did that the president's going to be forced to do this because congress won't won't work with them.
Essentially what you're really saying that congress won't bow down to him.
Congress represented their constituents -- then they're representing people who are saying hey there's certain lines we wanna draw here and it's so.
I don't I never I don't understand is that the president should big issue executive orders if these other guys don't been down to him is that that is that the cut the definition of compromise and ago.
So let's let's go back to president Truman when he issued the executive order to deep center has -- militant desegregate our military look at the number of people who were posted that.
Do you think the president -- down -- and no he took the stand for what he believed was right and let's look back at what happened the right thing happening there.
So the right thing you think now -- this is -- okay to always people out there.
300 million get the guns are being our own that I'm gonna take away these rights from you -- the -- people are -- -- when -- -- because you saw what well that is not technically -- I don't know about -- -- background -- -- not well let me -- -- -- and I'm saying the reason people are afraid is that not -- -- he's not gonna come -- -- -- they were -- to repeal the Second Amendment.
But they filled out there will be a series of steps that ultimately do that.
And of the begins with executive orders definitely people who were afraid even more -- well.
You know I'm.
I hope that people don't feel that way I think -- it depends on what's being proposed but if -- did something data is reasonable I -- we can all agree at this point right.
That the mass killings that we had in this country.
That guns are now the weapon of choice so we can all agree that this is an issue that needs to be -- I'm not seeing take away people's guns the issue with the take a Halloween lock them up when I'm saying is they're certain measures that we can do occur.
Honesty I think they have not been quite good thing we she's -- There I'm I'm -- different idea down even as gun sales are up but RD of people who do not know the -- -- are directly related to each other.
I don't know that -- research exit I don't know that it's out.
It has sum it up.
You think that the president should issue an executive order which was for example.
Make in that everybody must have a background check -- universal background checks -- -- -- -- -- in favor of that yes.
And -- not.
Universal checks is an entirely different question I think it's it's an executive board I don't -- is executive -- well no you know so that a jaws.
We think the focus on guns is so misguided -- so off the -- that left the talk about I know but -- -- that -- -- using these gentlemen and the question -- but I'm just telling you we should we talk about behavior in the present that even gone near that he's afraid -- -- -- politically correct you know the wanna hurt anybody's villains -- might have voted warm -- -- what we're talking about -- registration thing yes and I think that's that's okay the registry to confront on.
I think we've got not executive orders don't do -- -- -- constitutional.
On that's the last word athletic game when that acts as a fine thank you so much for joining us this morning all -- stuff we appreciate by.