Originally posted by sasquatch672
Rep. Steve Stockman (R-TX) has threatened to impeach Barack Hussein Obama if the latter tries to use Executive Orders to confiscate weapons, saying such provisions would violate not only the Second Amendment but the due process clause.
Is he right?
Andrew Napolitano in his new book Teddy and Woodrow, sites the Constitution Article 1, Section 1 as follows: "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives"
Congress may not delegate its lawmaking powers to another branch of government. The clear reason is that elected members of Congress are liable to be removed in the next election, whereas bureaucrats are not.
Shortly thereafter Napolitano points out that SCOTUS has generally upheld the authority of regulatory agencies, based on 1928 case J.W. Hampton Jr. and Co v. United States. The Tariff Act of 1922 created a tariff commission, which was upheld.
Whether or not these agencies are truly Constitutional or just the result of progressives in each branch of government at a particular time, it appears that fighting off legislation by bureaucracy is at best a long and difficult fight.