Court told actions ‘exceed powers of president’
author, BOB UNRUH
The lawyer who brought the first legal challenge to the brand-new gun limits announced by President Obama last month now is asking a judge for a quick ruling, insisting there’s really nothing to argue over.
The new motion for summary judgment was filed in the U.S. District Court for the Southern District of Florida, Palm Beach Division, by civil rights activist attorney Larry Klayman of Freedom Watch.
His recent lawsuit reasoned that there is “nothing in the U.S. Constitution which offers any authority or role of the executive branch with regard to legislating to change the rights under the Second Amendment.”
Now he’s arguing that the new gun rules, additional background check requirements, changed dealer licensing requirements and a move to abrogate privacy laws to require doctors to report on patient’s “mental health” issues did not follow the Constitution and the Administrative Procedures Act.
Besides, he argues, the executive branch admitted it was making the changes “purely because [Obama] does not like the legislative decisions of Congress.”
However, the motion argues, decisions “abridging the fundamental rights of the plaintiff and other U.S. citizens under the Second Amendment” are plainly unconstitutional.
“These actions are unconstitutional abuses of the president’s and the executive branch’s role in our nation’s constitutional architecture and exceed the powers of the president as set for in the U.S. Constitution,” he said.
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