“I don’t think it’s unconstitutional in the sense that I don’t think it’s something you could get a court to find unconstitutional,” Mukasey told Fox News' Sean Hannity.
Mukasey appeared on Fox News Wednesday night, hours after Obama unveiled his proposed executive actions that are being touted as the most groundbreaking gun control measures in a generation. Mukasey also noted he agreed with the Supreme Court's ruling on the Affordable Care Act as constitutional, which "surprised" Hannity.
“So you agree with John Roberts? I’m surprised,” Hannity said. “So...through use of the commerce clause we can now mandate that people buy things?”
“No, he didn’t say you could use the commerce clause,” Mukasey replied. “He said you could not use the commerce clause.”
But Hannity slammed what he called Obama "power grabs," including bypassing congressional approval on Libya strikes, the executive order to halt deportation of undocumented immigrants and the "jamming through" of Obamacare.
Increase Access To Background Check Data
Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background check system.
Remove Legal Barriers On Background Checks
Address unnecessary legal barriers, particularly relating to the Health Insurance Portability and Accountability Act, that may prevent states from making information available to the background check system.
Incentivize Sharing Of Background Check Data
Improve incentives for states to share information with the background check system.
Review Criteria For Gun Ownership
Direct the Attorney General to review categories of individuals prohibited from having a gun to make sure dangerous people are not slipping through the cracks.
Background Checks For Returning Seized Guns?
Propose rulemaking to give law enforcement the ability to run a full background check on an individual before returning a seized gun.
More Guidance On Background Checks
Publish a letter from ATF to federally licensed gun dealers providing guidance on how to run background checks for private sellers.
Safe & Responsible Gun Ownership
Launch a national safe and responsible gun ownership campaign.
Gun Lock & Safes
Review safety standards for gun locks and gun safes (Consumer Product Safety Commission).
Improve Gun Tracking In Criminal Investigations
Issue a Presidential Memorandum to require federal law enforcement to trace guns recovered in criminal investigations.
Report On Lost & Stolen Guns
Release a DOJ report analyzing information on lost and stolen guns and make it widely available to law enforcement.
Nominate a director for Bureau of Alcohol Tobacco and Firearms.
Training For Law Enforcement
Provide law enforcement, first responders, and school officials with proper training for active shooter situations.
Maximize Enforcement Efforts On Gun Crime
Maximize enforcement efforts to prevent gun violence and prosecute gun crime.
Increase Research On Gun Violence
Issue a Presidential Memorandum directing the Centers for Disease Control to research the causes and prevention of gun violence.
Prioritize New Gun Technology
Direct the Attorney General to issue a report on the availability and most effective use of new gun safety technologies and challenge the private sector to develop innovative technologies
Clarify Obamacare On Doctors & Guns
Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.
Inform Doctors On Reporting Threats
Release a letter to health care providers clarifying that no federal law prohibits them from reporting threats of violence to law enforcement authorities.
School Resource Officers
Provide incentives for schools to hire school resource officers.
Develop Emergency Response Plans
Develop model emergency response plans for schools, houses of worship and institutions of higher education.
Clarify Scope Of Medicaid's Mental Health Coverage
Release a letter to state health officials clarifying the scope of mental health services that Medicaid plans must cover.
Finalize ACA Regulations
Finalize regulations clarifying essential health benefits and parity requirements within ACA exchanges.
Address Mental Health Parity
Commit to finalizing mental health parity regulations.
Start Dialogue On Mental Health
Launch a national dialogue led by Secretaries Sebelius and Duncan on mental health.