Kalina Gibson

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Executive Powers Essay
Over the past decade, more than 100,000 people in the United States have been killed as
a result of gun violence. People who never should have been able to purchase a gun in the first
place committed many of these crimes. In the wake of recent mass shootings, and in the absence
of any Congressional action in this area, President Obama announced new executive actions the
administration would take in order to reduce gun violence. These actions included keeping guns
out of the wrong hands through background checks, increasing mental health treatment,
reporting to the background check system, and shaping the future of gun safety technology. His
first action of keeping guns out of the wrong hands is to ensure that all gun sellers have a
license, no matter where they sell their products, and to expand background checks on all
persons trying to buy a gun. The Presidents executive action to reduce gun violence by
implementing universal background checks for all buyers is in keeping with the Constitution
because he is exercising his power as the Chief Legislator to act when Congress is unwilling to,
clarifying laws Congress has approved in the past, and thus acting within his powers to enforce
laws previously enacted by Congress in keeping with congressional intent.
President Obama is well aware that he is unable to singlehandedly create legislation
without approval from Congress, but in the wake of numerous mass shootings, including
Aurora, Newtown, and more recently San Bernadino, he has taken it upon himself to act as
Chief Legislator and act within his power to reduce gun violence in America. Federalist Paper
No. 78 explains that, Energy in the executive is a leading character of good government
(Document D). The President is taking action to ensure the safety of Americans. He has
repeatedly made appeals and inquiries to Congress to take action on gun control, though they
have refused. His actions have gained overwhelming support from people across the country. In

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a survey conducted by CBS and the New York Times it was discovered that 90% of all
Americans support background checks on all gun buyers (Dutton et al.). President Obama is
acting in the interest of the American people while Congress is turning a blind eye to the issue,
thus ignoring the issues important to most of their constituents.
Obamas plan does not include any new regulations, or an executive order; it simply
attempts to close a loophole provided in the original legislation. In the current system, set in
place by the Gun Control Act of 1968 and the Brady Handgun Prevention Act (passed by Bill
Clinton), federally licensed firearms dealers are already required to perform background
checks on the gun purchaser, and its illegal for a felon to purchase a gun (Eilperin). This only
refers to people with a Federal Firearms License (FFL). Persons with an FFL have many
obligations not applicable to people without them. In the 1990s, the Clinton administration
drastically reduced the number of Federal Firearms Licenses. Under the theory of the time, a
person who sold only several guns per year was not engaged in the business of selling
firearms. Thus, such a person could not have a Federal Firearms License. Obama has directed
the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to clarify that anyone
engaged in the business of selling firearms even if the seller operates over the Internet or at
gun shows must get a license and conduct background checks (Office of the Press Secretary).
In moving to crackdown on Internet and gun show sales, the President is acting on the fact that
too many sellers engaged in the business of selling firearms are purporting to be private sellers
in order to avoid the need to be licensed and in turn be required to obtain background checks.
His executive action is to require all firearm sellers to obtain a license and conduct background
checks so guns are not going into the wrong hands, meaning it is not unconstitutional as it is
adding on to already existing laws Congress has approved.

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The President is acting within his powers to enforce laws previously enacted by
Congress by keeping with congressional intent. He wants the loophole in the original legislation
to be closed and because of the refusal of Congress to act he is expanding the scope of the
original legislation. Alongside numerous firearm laws adopted by state legislatures and
municipal governments across the country, Congress has enacted a broad range of gun laws, like
the Brady Bill, designed to promote public safety against gun violence. Through a series of
federal statutes adopted over the course of the last century, Congress has prohibited dangerous
people from purchasing and obtaining firearms, required that anyone engaged in the business of
dealing firearms must obtain a federal license, and mandated that licensed gun dealers conduct
criminal background checks to ensure that would-be gun purchasers are not prohibited from
purchasing a gun. In the constitutional government, it falls on the President to ensure that these
congressional mandates be faithfully executed (US Const. Amend 2, Sec 3.). Executive action
to ensure the enforcement of the law, including clarifying guidance and directing comprehensive
enforcement of federal gun laws is entirely compatible with the of Congress and the Presidents
constitutional authority.
President Obamas executive action to enforce all gun sellers to attain licenses and
conduct background checks is in keeping with the Constitution as it allows Obama to be Chief
Legislator, as it says in Federalist Paper No. 51, it is evident that each department should have
a will (Document C). His will is to have gun safety and protect American lives from future gun
related violence. His action also clarifies laws approved by Congress in the past so it is not
changing any major legislation. It also allows him to carry out his constitutional role in making
sure laws are faithfully executed, therefore this action is constitutional.