
Associated Press
It stood to reason that the right would be unimpressed with President Obama's new measures on preventing gun violence, but some reactions, especially from sitting senators, were needlessly hysterical, particularly on the issue of executive orders.
As we discussed yesterday, the bulk of the White House plan will require congressional action, but the president also approved 23 executive orders. These were hardly outrageous steps -- one was nominating a new AFT director. Another was informing state health officials about the scope of mental health services that Medicaid plans must cover under current law. As Rachel explained on the show last night, another one of the 23 orders instructs administration officials to send an open letter to licensed gun dealers giving them guidance on how best to facilitate background checks, if they choose to.
These were all modest, almost perfunctory steps, taken by a president acting well within his legal authority. Obama doesn't need Congress' permission to publicly remind folks about existing law.
And yet, those who often struggle with public policy are outraged anyway.
Soon after the White House news conference, Senator Marco Rubio, the Florida Republican who is considered a potential contender for the 2016 Republican presidential nomination, denounced Mr. Obama as flouting the role of Congress for taking some actions on his own.
"Making matters worse is that President Obama is again abusing his power by imposing his policies via executive fiat instead of allowing them to be debated in Congress," Mr. Rubio said. "President Obama's frustration with our republic and the way it works doesn't give him license to ignore the Constitution."
Does Rubio have any evidence at all that president abused his power? No. Do any of the president's executive orders require congressional review? No. Is the president ignoring the Constitution? No. Did Rubio even manage to find one executive order that he disagrees with? No.
Does Marco Rubio have any idea what he's talking about? It doesn't seem like it.
But the right-wing Floridian looked almost sensible compared to Sen. Rand Paul (R-Ky.).
In fact, Paul is prepared to "nullify" the modest steps Obama took under his existing powers.
Sen. Rand Paul on Wednesday night announced plans to try to undo parts of President Barack Obama's executive proposals to curb gun violence, saying the president may be developing a "king-like complex."
"We will nullify anything the president does that smacks of legislation," the Kentucky Republican said on Fox News in reference to 23 actions Obama unveiled earlier in the day.
Paul added that executive orders "could be construed to describe an attempt by the executive to make laws." Construed by whom? The senator didn't say. Which orders seemed dubious? He didn't say that, either.
Rubio and Paul seem to be offering an entirely new argument: that presidents who use executive orders are necessarily abusing the democratic process. Under this reasoning, every executive order, on any issue, by every president, is an example of "imposing policies via executive fiat," to use Rubio's phrase.
Civics 101 lessons shouldn't be necessary for sitting senators, but just because a president -- any president -- issues an executive order under existing legal authority doesn't mean the president is "frustrated with our republic and ignoring the Constitution." Every president since Washington has issued these orders. This isn't scandalous; it's routine.
Indeed, for all of yesterday's hysterics, none of Obama's detractors have gotten around to pointing to a single one of yesterday's executive actions that's legally dubious.
I should probably know better, but what I'm looking for here is a little depth of thought, or a slight pretense of seriousness of purpose. The argument from the right seems to be, not that there's something wrong with these specific executive orders, but that there's something wrong with all executive orders. Why? Because they say so.
It has all the sophistication of school-yard taunts.
Update: Adam Serwer reminds me that Obama's 23 measures yesterday may not even count as executive orders, per se, but are probably better described as "presidential memorandums." Adam also noted that Rubio told Fox News last night that Obama wants a gun "ban" along the lines of pre-Heller D.C. That's not even close to what the president has proposed.





By what I've witnessed, Rand Paul would make a most terrible neighbor! -Kevo
The gop cry when the president acts, yet they have shown themselves unwilling or unable to act to get legislation passed. When the right decides it again plans to write legislation that has a prayer of passing, they well regain some credibility.
8 years of obstruction has gotten us all how much closer to a safer and more green world?
Right, fellas. The Constitution provides for a division of powers that establishes checks and balances to keep this government on the up and up. It DOES NOT say that the legislative branch (Congress) can continually keep the executive branch (President) from functioning at all. But that's what the Republican-controlled Congress is trying to do. And even though their majority doesn't extend to the Senate, the filibuster is taking care of that little loophole. Harrumph!
Nomore - you mean when the right can figure out how to write their own legislation NOT written by ALEC, they may regain some credibility.
Excuse me , but where is a budget? Haven't seen one in 4 years! The only one Obama put out was voted down by his own party! His presidency has been a joke! Bad thing is the joke has been on the American people! And, you who voted for him still didn't get it! Now, I now who can be fooled most of the time. Liberals!
Sorry, but you really should do a little more research before spouting off here, Jeff. Getting your info from Rush, Matt and Sean?
Budgets have been submitted by the President every year--on 2/1/10, 2/14/11 and 2/13/12. It's just that they were either passed after the deadline or not at all, so that separate appropriations bills were substituted on an ad hoc basis.
Go look for yourself. And then come back here and apologize.
I love it when Ray speaks the term "sensible" ...the individual with a hate religion section...adjacent to the section with the running headline promoting a Homosexual agenda on a daily basis. Now to start a daily Rail against the Constitution section. Craziness rules the day with liberals...
Que? what are you talking about?
scotty suffers from delusions caused from living in a bubble filled with methane gasses.
Check those corn flakes Scott...
So, given your views toward Rachel and this blog, how can you spend even a minute of your time being exposed to such "craziness"? Could it be that you want people to act, not as hypocrites but as their religions direct for the highest purposes? Could it be that you accept that all people should be treated with dignity and that message must be spread? Could it be that you think the Constitution is a living, breathing document worth upholding? If not, then you really ought to spend your time watching Bill and Sean and not worry about those of us who avoid being exposed to their and your craziness.
I think Scott is hanging out here because
1) he has nothing better to do with his time, and
2) he seems to think we need a constant reminder of how boorish and delusional right-wing extremists can be.
Just read around him... he's probably used to that.
Folks, I think we've caught a bad case of troll-itis here. Watch Rachel's segment on same from last night's show. Just ignore him. He doesn't have anything worthwhile to say. Trying to fan some flames and see if he can start a fire is all.
Do you have an argument or are you ceding that Rubio's and Paul's blathering is ridiculous hyperbole ?
BTW acting in a way you don't like isn't "attack the Constitution." Your side has a lot of problems with that.
If Judy ever watched Bill, or Sean maybe she'd get the whole picture. And, not the one they paint here for people who enjoy being fooled by these knuckleheads. And, I thought you could only fool sone off the people some of the time. Not, here! You guys here are crazy if you believe all you here from here! Obama can't open his mouth without telling a lie. He should have apologized to the children he was hiding behind yesterday for spending their futures. Well, maybe you guys don't have kids and don't care! Just saying.
All you've done here is call people names and make pointless statements, Jeff. Why don't you start with just one fact? And then we'll take it from there.
The trolls don't like their own flock, too shrill and too much eating their own..
Personally, I DO listen to Rush, occasionally Sean and Bill and all the rest. I get their views then I watch MSNBC to get the Left view, check some facts on my own if there's a question of who got it right, then draw my own conclusions. I've been doing this for YEARS and can say, with certainty, that the Conservative Right Wing Entertainment Complex has by FAR been not only wrong, but they continue to spout the same rhetoric on every show. I swear they all SKYPE in the morning, decide what the talking points are, go out and spew half truths (if not outright lies) and then repeat ad nauseum. I honestly believe they are convinced that if they ALL say the SAME thing, people will believe them. Today, Rush tried to "explain" why some Fox contributors found little to disagree with on the President's proposal - they all want to "appear" fair and balanced. In essence, Rush was saying Fox News was "caving" to appear unbiased. Liberals circle the wagon, Conservatives circle the firing squad.
Oh, my! You get the award for going above and beyond, Missy. It makes my head hurt when I hear more than about five seconds of Fox or (shudder!) Rush.
And I'm guessing it's still the case, but I remember reading a few years ago that the folks who are the conservative news mouthpieces do get a morning download of the proper phrases and story lines to use, to keep from contradicting each other. They're kept strictly in line. "Fair and balanced" is nothing but a joke.
It took me less that a minute (a few days ago) to find the list of Bush's Executive Orders. Rand and Marco must not have internet access.
No, it's not that they don't have internet access. They just hope you have (or rather, their base has) bad memories.
That darned Al Gore, He never should have invented the internet.
Executive orders are , scandalous, not routine on the planet Faux
What makes anyone think these guys even looked at what they're critical of? It'd be a first if they did!
What happened with these boys? Did their mama's put them outside before the glue was dry or what? They are both idiots.
What I keep being completely unable to fathom is what the Obama opponents mean by saying he's taking away the gun rights of law-abiding people. Where did he do that? Why do news media let them get by with this without querying what they mean?
I read those 23 executive orders yesterday and wondered why most of them hadn't been done already. All of them well within existing law. Totally logical common sense actions. Paul and Rubio don't have a leg to stand on.
Now, when is MSNBC or NBC or some other news organization going to ask Paul and Rubio to point out a single executive order in that list they find objectionable and why. Are our over paid under worked broadcast reporters ever going to ask the obvious follow up questions.
Ron B: Simple reason... the NRA. The NRA has blocked enforcement and all studies. And Rubio and Rand Paul will simply refrain for as long as they can to do an interview with a decent journalist. It's disengenuous to try to ding the media about possible questions when Rubio and Paul only take "friendly" interviews.
Those Senators would not let anyone from NBC to ask them questions. That chore must be left to citizens of Florida and Kentucky. Those in these states, start doing it EN MASSE.
What I found wrong was at least 10 out of 23 were unfunded mandates that increase the deficit.
Inspector: Boy you must have been livid when we started attacking countries and kept the costs off the books.
Actually I was, We could have taken care of the radical muslems with half a dozen drones.
So inspector, how about the unfunded tax cuts or the unfunded Medicare part D. Hated those too?
" Senator Marco Rubio, the Florida Republican who is considered a potential contender for the 2016 Republican presidential nomination"
Yes, and that is exactly why he is starting now! He has some mighty big shoes to fill, to become a "front runner", like Herman "Shucky Ducky" Cain, Rick "Frothy Mixture" Santorum, and Newt "Serial Adulterer" Gingrich!
I am delighted when Rubio, Paul, Ryan, et al., make stupid radical pronouncements. Republicans, especially those who seek higher office, keep forgetting that video and audio do not disappear into the ethers. That is how Romney got into trouble. These Republicans are like little children who keep touching a hot stove after they already burned their fingers once.
Rand Paul and Mark Rubio are living proof that space aliens impregnate water buffalo.
I wish I could make an intelligent contribution but eloquent words fail me every time congress objects to the enforcement of existing laws.
LOL, crack. Actually, I thought that was pretty eloquent!
Republican outrage is about as meaningful as used toilet paper; maybe less.
Hey, toilet paper serves a very important roll (roll...get it?). Ah, ha, ha, ha....
Used toilet paper means alot to septic tank pumpers. I think they need a lobby.
I was away from the computer, thanks for the laughs.
These were all modest, almost perfunctory steps, taken by a president acting well within his legal authority. Obama doesn't need Congress' permission to publicly remind folks about existing law.
Yes! This. Perfunctory is exactly the word for it.
But good luck getting the facts past grandstanding politicians who probably know this but are only too glad to pander to their Fact Ignoring Extreme Right voter base.
Don't worry. I'm sure they'll find their passionate defense of executive orders once a Republican is President again. And then they'll use the executive order to approve something truly heinous, and if anyone on the left says boo about it, they'll simultaneously brand that lefty as Un-American while insisting "see? Both sides do it when a President issues an executive order." And the media won't question it, and that's the way it'll be until a Dem is President again, at which point it'll be executive overreach and fascism by fiat all over again.
Rachel your show is one of the best on television! A concern I have and I have not heard mentioned in some time is the rise of large corporate (soldier) armies. Many of these entities hold key positions ("contracts") in "security" positions all over the nation and more overseas. My question is why are our own military not filling these positions? The idea of private interests (non-governmental) providing the security for the one nation on Earth founded on human liberty and freedom merits constant public comment and oversight.
We were also founded on profits and capitalism.
wow i didn't know that..where can i find this info?
That's easy, because government can't do anything right. The
private sector is always more efficient, in every possible case. Haven't you
read Anne Rand? What are you, a socialist?
This from a 23 year vet and someone who has worked for both
the Government and the private sector; the real reason is that the $$$ goes
into the wrong pockets if the military does the job. Also, the military has all
that nasty government oversight, contractors can and do get away with murder, the Army? Not so much. The question you need to ask is: Who benefits? In this case, Halliburton and Black Water.
I said it a couple of days ago and it was only a matter of time until Republicans decided that they objected to the Executive branch...all of it
Shouldn't we change that to the Despotic branch?
Nope.
So Bush was a despot? He did lead us into an unjust war and started the trend of illegal wire-tapping and unlawful detainment. Oh, and gave tax cuts during a war and allowed private contractors to run rampant all over Iraq, adding to the cost of the unnecessary war. That's not to mention his utter bungling of the capture of Bin Laden. Oh, and he presided over the greatest financial meltdown in the country's history and helped spur it by increasingly deregulating those markets. And let's not mention his utter gall at demonizing both John McCain in 2000 and then John Kerry in 2004 over their children and war records when he himself had never reported for duty.
Obama definitely isn't perfect but compared to his predecessor, I'd say despot is a little harsh.
Scott, You must be a troll!
Rubio looks like that kid who used to take a briefcase to junior high, and would write down the names of all the people who were acting up when the teacher left the room, so that he could report them later.
Didn't like that kid.
This may surprise many regular readers, but I don't really see anything wrong with Obama's executive orders other than the odd order to himself as a reminder to nominate an ATF director. My understanding is that executive orders are for the executive branch (for the most part) and it seems all that he proposed fit under existing laws. Maybe I'm missing something but I was surprised how simple and non-controversial they seemed.
Have I been hanging out here too long???? Oh, noooooo....
DO go watch Jon Stewart's 'There Goes the Boom' for WHY we have no ATF director and even if we DID why there is no POWER in the ATF. Amazing.
@Mego:
Congressional Obstructionism at its finest!
Mego, Jon Stewart is not a journalist (by his own admission), he is a comedic entertainer (again, by his own admission). He does not want people to get their information from him. Now, if you have a reporting source or the like, I'd love to look at it.
My point was that the Presidential Executive Order was to tell the President he needed to nominate someone for ATF Director. I found that...just that...humorous.
Thanks RobDon some people believe that Jon Stewart is a news show, just like Colbert. I can't believe how many people on either side think that crap is news.
May be too late for anyone to see this comment, but the President has appointed a director for ATF. But that appointment requires Senate confirmation (has required such since 2006), and thanks to pressure from the NRA, the Senate has declined to take a vote on the person who's been acting director for the past six years. Watch the Jan. 17 Rachel Maddow Show, specifically the second segment, for the journalistic explanation you requested. (It takes about 0.30 seconds to find that same info on Google, BTW. You should try it.)
And although Stewart and Colbert are not journalists and claim to be simply comedy about current events, they seem to be quite correct and current on events from the skits I've seen.
Inspector
Jon Stewart and Stephen Colbert have never claimed there shows were news shows. Their shows are jokes about news. OTOH Fox News news shows are a joke.
My reading of Rand Paul is that HE wants to do an end-run around the King-like powers of the President by making CONGRESS Kings. He really needs to read The Federalist Papers...NOW!
I am really getting sick and tired of Republicans demonstrating kneejerk opposition to everything that emanates from Obama's mouth and their appalling, recurring ignorance of how their own government works. Geez! Are these people even "educated"?!?
Only in knee-jerkitude.
An underlying theme here is how the GOP still deny the legitimacy of Obama's presidency. I'd compare this to how they are outraged each time he nominates a cabinet appointment. Although Obama won the election, the GOP are claiming a right of veto over everything that he does.
That's because they still can't deal with the fact a black Democrat is our president. It may take a few more generations for the GOP to evolve.
Not true, There were plenty of repubs that were behind Herman Cain before the media made him unelectable.
Not true? You mean Herman Cain is a Democrat? Hmmmm...
Mr. Rubio's ignorance and/or cynical fearmongering per the usual tired old Republican't playbook is an embarrassment to the Cuban-American community. I, for one, am very disappointed. There is a substantial undercurrent in our community (and elsewhere) that "all politicians are liars, and you have to lie to survive in politics." I can only hope that cellphone cameras and the internet are slowly putting this belief to a well-deserved end.
All presidents, from Washington through Obama, give executive orders. In fact, that's their job.
Yeah, but not all presidents were black. Obama is charting new territory while dealing with a large and primitive-minded opposition.
Aside to Steve:
I'm pretty sure the Standard English plural for "memorandum" is "memoranda."
so, rand paul is a damned fool. not exactly a revelation. so is the oregon sheriff who announced yesterday that his oath of office is expansive enough to allow him to determine which of our nation's law are constitutional and enforceable. both are breathtakingly impudent--the mark of a damned fool, but unfortunately, they've got a sizeable constituency.
Political teenybopper hour, yea!
"Another warm evening in the gonadotropics.."
It's safe bet that if someone says "executive fiat", whatever follows will be hysterical hand wringing.
Government don;t sloves problem community do.
The best way to keep your children;s safe in schools . three words. Secutity/ Security/ Security, Let;s start with those guns nuts out there who are spending thousand of dollars buying these weapon of war,and sclips of bulits and giving thrse hundreads of dollars to Be a members,of the NRA they are loughing their way to the bank claming the Government want to take your guns,the danger is God forbid those same guns may end up in the wrong hands that may turn back on you and your family and friend .What better way to spent that money than to donate that money to your schools dictrict for your children;s safty,.That money could be used to buy security cameras for the main entries where teachers and student enter in and out,then in each class room a 12 inch tv monitor with a split screen to all entries where the camaras are located mounted to the back wall where the teachers can see what going on that would be the best response to see the danger that hight happen,and not ponic,just go over in bolt the door on the inside,But the thing should happen the school administors have to make sure those doors are bulit proof ,if not a simple way of fixing that just a sheet of steel sheet on back of each doors with a dead bolt lock on the in side, We all depend on Government to sloved you problems ,Government don;t sloved problems they dont live in your community,community are better equipped to deal with problems,such as your Police your frie department and first aid responser ,We are all guilty of giving the best of thing that money can buy ,for your children;s ,why not donate to your school district for you children;s safty The NRA want to put guns in your teachers hands ,that only going to guve your children;s nihgtmar seeing there teachers with guns,you should all ask yourselves what world are they living in, these peoples are still living in the past of the whild whild west,Guns out of your teacher hands and the NRA out of your children;s lives and schools .Thanks have a nice day