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Gowdy says House will examine constitutionality of Obama's gun executive actions

By Pete Kasperowicz - 01/18/13 02:32 PM ET

House Judiciary Committee member Trey Gowdy (R-S.C.) said this week that the committee will scrutinize the 23 executive actions President Obama signed related to gun violence to make sure they don't violate the Constitution.

Gowdy told the Spartanburg Herald-Journal that the committee would see if the orders meet a "rational basis" test against the Constitution. That's a reference to the principle that rules must have a legitimate and constitutionally based reason for being issued.

Obama's actions — three of which were formal Executive Orders — did nothing to restrict gun ownership, but instead focused on the health-related links to gun violence, and sought to increase information sharing about gun background checks, among other things.

Like other Republicans, Gowdy indicated his skepticism about the actions, and said the committee will be looking to ensure they were not issued for political reasons.

"I hope, in this situation where we have children killed in a mass murder, that we would be more interested in a solution than a political response," he said.

The House Judiciary Committee has not scheduled a hearing to examine Obama's executive actions. On Wednesday, Committee Chairman Bob Goodlatte (R-Va.) reacted by saying the GOP would weigh all of Obama's recommendations, which also include legislation reinstating the assault rifle ban and a ban on ammunition clips that hold more than 10 rounds.

"[G]ood intentions do not necessarily make good laws, so as we investigate the causes and search for solutions, we must ensure that any proposed solutions will actually be meaningful in preventing the taking of innocent life and that they do not trample on the rights of law-abiding citizens to exercise their constitutionally-guaranteed rights," Goodlatte said. "We will take these recommendations into consideration as we continue to conduct our own inquiries into how to prevent these tragedies from happening."


Source:
http://thehill.com/blogs/floor-action/house/278041-gowdy-says-house-will-examine-constitutionality-of-obamas-gun-executive-orders

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