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Texas Republican Rep. Steve Stockman threatened Monday afternoon that he would file articles of impeachment against President Barack Obama if he institutes gun control measures with an executive order.
“I will seek to thwart this action by any means necessary, including but not limited to eliminating funding for implementation, defunding the White House, and even filing articles of impeachment,” Stockman said in a statement.
Stockman warned that such executive orders would be “unconstitutional” and “infringe on our constitutionally-protected right to keep and bear arms.”
The Constitution of the United States establishes the executive, judicial and legislative branches of the government and provides a framework for effective rule through a system of checks and balances. In the period of time since the Constitution was written, many formal changes --- known as amendments --- have expanded the original document without altering its basic meaning. Though the president cannot change the Constitution, he can use executive power and influence to make informal changes.
Congress cannot directly vote to override an executive order in the way they can a veto. Instead, Congress must pass a bill canceling or changing the order in a manner they see fit. The president will typically veto that bill, and then Congress can try to override the veto of that second bill. The Supreme Court can also declare an executive order to be unconstitutional. Congressional cancellation of an order is extremely rare.
As usual when it comes to changes on the constitution an executive order is not going to cut it.Too many legal challenges.