While paying lip service to constitutional constraints, Joe Biden continued his administration’s attack on the Second Amendment. In his EO issued on Tuesday, he pushes the limits of power and he knows it: “It is the policy of my Administration,” said the White House press release, “[to] pursue every legally available … action to reduce gun violence.”
Even if his moves would provably reduce gun violence, they would still be unconstitutional under Article II, Section 1, Clause 1 of the Constitution: “The Executive Power shall be vested in a President of the United States of America … he shall take care that the laws [passed by the legislative branch] be faithfully executed.” (Emphasis added.)
The occupant of the White House cannot, under the Constitution, create legislation. But that doesn’t deter Biden:
