海角大神

Anyone who thinks congressional Republicans will roll over on the debt ceiling or gun control or other pending hot-button issues hasn鈥檛 been paying attention.

But the President can use certain tools that come with his office 鈥� responsibilities enshrined in the Constitution and in his capacity as the nation鈥檚 chief law-enforcer 鈥� to achieve some of his objectives.

On the debt ceiling, for example, he might pay the nation鈥檚 creditors regardless of any vote on the debt ceiling 鈥� based on the the Fourteenth Amendment鈥檚 explicit directive (in Section 4) that 鈥渢he validity of the public debt of the United States 鈥� shall not be questioned.鈥�

Or, rather than issue more debt, the President might use a loophole in a law (31 USC, Section 5112) allowing the Treasury to issue commemorative coins 鈥� minting a $1 trillion coin and then depositing it with the Fed.聽

Both gambits would almost certainly end up in the Supreme Court, but not before they鈥檝e been used to pay the nation鈥檚 bills. (It鈥檚 doubtful any federal court, including the Supremes, would enjoin a President from protecting the full faith and credit of the United States).

Or consider guns.聽As Vice President Joe Biden said Wednesday, 鈥渢here are executive orders, executive action that can be taken鈥� that don鈥檛 require congressional approval.

The President probably needs new legislation to reinstate a ban on the sale of military-style assault weapons, stop the sale of high-capacity ammunition clips, and require background checks on all gun buyers.

But he has wide authority to use gun laws already on the books聽as the basis for regulations or executive orders strengthening gun enforcement.聽

There鈥檚 ample precedent.聽After a mass school shooting in Stockton, California, in 1989, George H.W. Bush issued an executive order, pursuant to the 1968 Gun Control Act, that banned imports of certain assault weapons unless used for sporting purposes. Years later, Bill Clinton by executive order banned imports of almost five dozen different assault weapons that had been modified to get through that 鈥渟porting purposes鈥� exemption. President Obama could go even further.

To take another example, the National Firearms Act of 1934 gives a president broad powers to oversee gun dealers. By executive order, the President could tighten that oversight.

Under his law-enforcement authority the President could also issue executive orders improving information sharing among state and local law enforcement authorities about illegal gun purchases,聽tracking gun buyers鈥� history of mental illness,聽and maintaining data on gun sales for longer periods.

The Administration has already issued a regulation designed to prevent sales of semi-automatic rifles to Mexican drug cartels. It requires stores in states bordering Mexico to notify federal law enforcement officials when someone buys two or more of a particular type of high-caliber, semi-automatic rifle with a detachable magazine. That regulation, too, could be expanded upon.

No doubt such executive orders and regulations would be challenged in the federal courts (the regulation on semi-automatic rifles is now in a federal appeals court that鈥檚 expected to rule on its legality within the next few months).

But it鈥檚 a fair argument that when the nation is jeopardized 鈥� whether in danger of defaulting on its debts or succumbing to mass violence 鈥� a president is justified in using his authority to the fullest.

The mere聽threat of taking such actions 鈥� using the President鈥檚 executive authority to pay the nation鈥檚 bills or broadly interpret gun laws already on the books 鈥� could be useful in pending negotiations with congressional Republicans.

They have not shied away from using whatever means available to them to get their way. The President should not be reluctant to play hardball, either.