Imagine that the President of the United States has tried for several years to get Congress to pass legislation which would place very tough restrictions on handguns. Finally, in frustration, the President, without consulting Congress, appoints a twelve-member Committee on Gun Control to make national rules regulating handguns. Can the Committee on Gun Control issue regulations which will be upheld in court? Why or why not?

Be sure to read Article I Section I of the US Constitution:

http://www.law.cornell.edu/constitution/

The Committee on Gun Control, appointed by the President without consulting Congress, would face several legal challenges when it comes to issuing regulations on handgun restrictions. Whether or not the regulations will be upheld in court depends on a few factors, which I will explain.

1. Constitutional Authority: The first concern would be whether the President has the authority to unilaterally establish a committee and issue regulations on a matter that traditionally falls under the purview of Congress. The Constitution grants the legislative power to Congress, so any attempt to bypass Congress and make laws through executive action could raise constitutional issues.

2. Separation of Powers: The separation of powers doctrine dictates that the three branches of government - the legislative, executive, and judicial branches - have distinct roles and responsibilities. Congress is responsible for making laws, while the President primarily executes those laws. By circumventing Congress, the President may infringe upon their legislative authority, which might violate the principles of separation of powers.

3. Administrative Procedure: Even if the President has the authority to establish the committee and issue regulations, the regulations would still need to comply with administrative law. Administrative law governs the process through which governmental agencies issue regulations. Generally, regulations are subject to a series of procedures, including public notice, comment periods, and review by an administrative body. Bypassing these procedures may render the regulations vulnerable to legal challenges.

4. Judicial Review: Ultimately, any regulations issued by the Committee on Gun Control would be subject to judicial review. Courts have the power to review the constitutionality and legality of governmental actions. If the regulations are found to be inconsistent with constitutional provisions or improperly enacted, they may be struck down by the courts.

In summary, the Committee on Gun Control, appointed by the President without consulting Congress, would likely face legal challenges in issuing regulations on handgun restrictions. The lack of constitutional authority, potential violation of separation of powers, failure to comply with administrative procedures, and the possibility of judicial review all raise doubts about the regulations' prospects for being upheld in court.