During last night's Democratic presidential debate, former Vice President Joe Biden admonished Sen. Kamala Harris (D–Calif.) for promising to impose new gun controls by executive fiat if Congress fails to pass the laws she thinks it should. That gave Harris a perfect opportunity to explain how her 100-day plan for gun control can be reconciled with constitutional restrictions on presidential power. The former prosecutor not only conspicuously failed to do so but literally laughed at the question.
The senator's campaign website promises that "if Congress fails to send comprehensive gun safety legislation to Harris' desk within her first 100 days as president—including universal background checks, an assault weapons ban, and the repeal of the NRA's corporate gun manufacturer and dealer immunity bill—she will take executive action to keep our kids and communities safe." Biden interprets that pledge as a promise to ban "assault weapons" without new legislation, something the president clearly does not have the authority to do.
Harris' plan for unilateral action on "assault weapons" is actually more modest than Biden implies. She says she would "ban AR-15-style assault weapons from being imported into the United States," noting that the Gun Control Act "empowers the executive branch to prohibit the importation of guns not 'suitable for or readily adaptable to sporting purposes.'" As Harris points out, "both Democratic and Republican presidents," including George H.W. Bush in 1989, have used that provision to block importation of "assault weapons." But two other parts of Harris' gun control plan do not seem to have any statutory basis.
During last night's Democratic presidential debate, former Vice President Joe Biden admonished Sen. Kamala Harris (D–Calif.) for promising to impose new gun controls by executive fiat if Congress fails to pass the laws she thinks it should. That gave Harris a perfect opportunity to explain how her 100-day plan for gun control can be reconciled with constitutional restrictions on presidential power. The former prosecutor not only conspicuously failed to do so but literally laughed at the question.
The senator's campaign website promises that "if Congress fails to send comprehensive gun safety legislation to Harris' desk within her first 100 days as president—including universal background checks, an assault weapons ban, and the repeal of the NRA's corporate gun manufacturer and dealer immunity bill—she will take executive action to keep our kids and communities safe." Biden interprets that pledge as a promise to ban "assault weapons" without new legislation, something the president clearly does not have the authority to do.
Harris' plan for unilateral action on "assault weapons" is actually more modest than Biden implies. She says she would "ban AR-15-style assault weapons from being imported into the United States," noting that the Gun Control Act "empowers the executive branch to prohibit the importation of guns not 'suitable for or readily adaptable to sporting purposes.'" As Harris points out, "both Democratic and Republican presidents," including George H.W. Bush in 1989, have used that provision to block importation of "assault weapons." But two other parts of Harris' gun control plan do not seem to have any statutory basis.
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