Jan 17, 2013|
Garland speaks to Keith Werham, Professor of Constitutional Law at Tulane, about gun control.
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Automatically Generated Transcript (may not be 100% accurate)
Group grew I think it -- Brazil and -- -- you know. That -- -- of what's weird intrusions and gun laws and nearly trajectories and he enumerated 23 executive actions on gun violence. And and thought to be good idea to talk to a professor of constitutional law. Insert this possible. We're professor before and where this -- professor. A nerd girls who -- won't keep you long basic question. Those 23 executive. Actions. Means the president can take. Out the approval of congress. No it doesn't it did it doesn't mean that. The president like every other institution of the federal government has the -- racist or. To take actions that affect individual rights -- that that the change rights and obligations that those objections that the constitution parties and on. And for the president to. A accomplish that two issue an executive order that the shift in individual rights responsibilities. He he -- the operating within the scope of his authority. As. As as the chief executive of a puppet government it's so. -- the X security and expect to he can't keep that autism. He needs to -- the story. To an act of congress. But but actually parent and you know like I. -- haven't gone through the executive orders in in detail that by understanding of is that they would fall into two categories. The first category is did the administration argue. -- and people blow to -- in the specific instances but the administration argues that the president's. It is acting as an executive happy he has taking actions that. Implement authority that congress has given to them by statute. And -- to the extent. The president can and sustain is interpretation of the statutory authority. And as a reasonable. A -- will sustain. And action because the president is acting in his role as. An executive officer just taking care that. These -- safety laws are faithfully executed. Can you give me an example of what -- of those that Jews might be. Well you know I'm I'm I'm not a gun control expert but for example coming. -- -- girl are statutes that provide for. Back background checks. You know doubt that would be a congressional requirement and the government has -- has given authority to ample -- Implement and realize. -- background check and make those background checks affective. It hit it may be and honestly I don't know but it did it may be. And an executive order for example. Would. Really kind of maybe tighten requirements for background checks or. -- or. Tightened the process of that of a background check to make sure that. They are. Appropriately -- now. People or not eligible for example one of the things they are focused on going. It is of little -- really trying to appear on distraught sales where. I may be ineligible because I'm an ex -- To purchase of our. But I will hate someone who has a clean record to go by and one half. That that that is unlawful. And I think one of the secular force in fact does look to try to tighten enforcement of that. And the general -- -- -- actions and wouldn't you know early perfectly appropriate to question him in each and every case. We'll be whether or not the president can justify. Whatever form that yeah that's. As -- -- -- reasonable. Interpretation of the statutory authority reasonable effort. To realize the congressional goal congress as -- lawmaker calls shots. And that's like going in appropriately -- -- I mean really pretty far reaching. Measures. That the president looking for. On a ban on. On assault weapons. Expanding background checks to ensure. And go going after these are high capacity magazines. He's not doing any -- that these were questioning statutory authority. So that in our own making a couple of between things we -- have happened that we have a forty to do -- go and do that. There -- other things would like to do that we don't have -- -- do what has congress to get mr. Ortiz so they're making it. Like I can you know in in in each case someone -- adversely affected. And an executive order can always challenged -- court and the question for the court will be. Whether or not the executive order. Faithfully execute an act of congress or. Whether it goes beyond the authority to commit to two give them by congress to to the president there. Are you you've educated me that they like and things didn't go. And apparently. Have not been resolved. So you've given me. And open the call you back -- good day. And talked to you were in detail thank -- so much real -- Professor accused weren't proposed constitutional war to maneuvers that.