What are the limitations of an Executive Order?

[Clint45]

I've heard about 5 different opinions from educated and informed individuals about the powers and limitations of Executive Order pertaining to a an attempt to ban or register firearms. Some say the 2nd can be altered or reinterpreted. Some say semi-autos could be reclassified as NFA. Some say the power could not be used to create legislation. Others say the Constitution could be suspended. None of them agree.

I have no idea.

What is the absolute worst case scenario? What are the limitations of this power?

[zteknik]

I would think it's limitations would be what congress would let pass.
Now if we had a REAL congress with some chutzpa they wouldn't have let it get this far and impeached him long ago.
But what we have is a bunch of weaklings who bow down and let things slide..
It's up to the AMERICAN people to make themselves heard and put congreses jobs on the line...

[DeusExMachina]

There are none. He will make it up as he goes along, as he has done in the past. Then we have to work backwards.

[sniper7]

He will sign something and it will become a long drawn out legal battle.

[merl]

Roosevelt signed an EO that banned private ownership of gold currency. One person was prosecuted and the courts killed it. There is one limit.

Knowing what would fly as an EQ will require fine reading and interpretation of existing law. For example, does the public safety aspect override the privacy aspect and allow an EO to force states to put mental health info into the NCIC database?

I would expect anything he signs to be challenged in court though. That is why we have the NRA. Individually we do not have the money and time to challenge anything so we need a voice for our interests.

[Dave]

Unfortunately he can almost sign anything into an EO he wants. If it is unconstitutional, there would have to be legal challenges through circuit court, appeals court and then to SCOTUS. This process can take a long time and if a circuit court judge or appeals court judge doesn't impose an injunction the feds will commence execution of the EO.

[thedave1164]

As long as those in congress just desire more and more power over us, barry will continue with implementing his agenda. I saw somewhere that he has already made 963 EO'S in just 3.5 years, IIRC that is more than all the previous Presidents combined.

[spqrzilla]

An executive order must either exercise a constitutional power of the President, or a statutory power enacted by Congress. That's it.

[BPTactical]

An executive order must either exercise a constitutional power of the President, or a statutory power enacted by Congress. That's it.

As long as there is a Congress to hold him to those limits.
Which we do not have at this time.

[Danimal]

This is the best that I could find, and it seems to align with most other credible resources on the internet to one extent or another.

http://www.votetocracy.com/blog/detail/understanding-executive-orders-and-the-powers-they-grant

It seems that they cannot create law only clarify or grant certain agencies jurisdiction over congressionally approved laws regarding enforcement. So he would have to attach it to something that already existed as law for it to be upheld by the supreme court. NFA for example...

[CO303]

Executive orders are limited by Article II of the constitution to the Executive branch. How congress allows that to be implimented is something else.

[spqrzilla]

As long as there is a Congress to hold him to those limits.
Which we do not have at this time.

Judiciary as well. If a private citizen or company is affected by an executive order, and challenges it in court, then Congress isn't the one to hold him, the judiciary is.
Congress can impeach or attempt to restrain by withholding funds, or in the case of the Senate refusing to confirm appointments.