Dr Simon Boucher ~ bouches@tcd.ie

1. Government and Politics of the USA Week 2 TT: Gun Control Dr Simon Boucher ~ bouches@tcd.ie

2. Hillary Term Essays… As per Michaelmas Term essays, Hillary Term essays will be returned in tutorials in weeks 3 – 4 of term The Summer Exam… Worth 75% of year Summer exam will follow the very same format as the 2007 paper… 11 questions, all worth equal marks Mix of questions from all 3 terms Full year students answer any FOUR questions Two-term and half-year students should answer THREE questions (and indicate their status on their answer book) Housekeeping

3. Trinity term schedule Plus final tutorial cycle run in weeks 3 & 4

4. GUN CONTROL

5. Required reading… MHW Chapter 8: “Gun Control – the Right to Bear Arms” Singh Chapter 19: “Gun Control” Additional reading… Jan Dizzard, Robert Merrill Muth, Stephen Andrews - “Guns in America – A Reader” (1999) Robert Spitzer – “The Politics of Gun Control” (1995) Additional resources… www.nra.org http://www.csgv.org/ Readings on gun control

6. Some facts on US gun ownership… 1 in 6Americans own a handgun Approx. 50% of householdsown a gun Americans owned approx. 250 million gunsin 2002 There are 28,000 licensed gun dealers in the US It is more difficult to get a driving license in America then it is to purchase a handgun American gun ownership statistics “America possesses the most heavily and legally armed citizenry in the world” With what result?...

7. The US suffers 2 handgun crimes per minute 38,000 gun-related deathsoccurred in the US per year in the 1990s More Americans have died of gun-related violence since 1933 than died in every major war, including… The War of Independence The American Civil War WW 1 and WW 2 The Korean War and Vietnam Afghanistan and Iraq Impact of American gun laws “America possesses the most heavily and legally armed citizenry in the world”

8. Accounting for American guns Puzzle: A majority of Americans support stronger gun control laws… But little, if nothing is being done. WHY?

9. Accounting for American guns Institutional Structure The Constitution Several factors combine to explain America’s relationship with guns The Pro-Gun Lobby Political Culture

10. The Constitution and guns The Second Amendment “A well regulated militia, being necessary to the security of a free state, the right of the people to keep a bear arms, shall not be infringed” A “supremely clear” justification for individual gun ownership in the 21st century?

11. Interpretation 1: “Collective” / “state-rights” approach Focuses on preamble Right to bear arms resides collectively in state militias? These militias must be well-regulated? …Therefore gun control legitimate? The Constitution and guns The Second Amendment “A well regulated militia, being necessary to the security of a free state, the right of the people to keep a bear arms, shall not be infringed”

12. Interpretation 2: “Individualist” approach Focuses on latter clause Wording in isolation apparently definitive John Ashcroft: “unequivocally confers an individual right to gun ownership” The Constitution and guns The Second Amendment “A well regulated militia, being necessary to the security of a free state, the right of the people to keep a bear arms, shall not be infringed”

13. Original rationale: concern for state tyranny, protection of individual liberty – “freedom’s insurance policy” How should this translate in 21st century America? American public believe they have a constitutional right to a gun How absolute are Constitutional rights? The Constitution and guns

14. Guns have played a mythical and factual role in the nation’s historical development Learning to handle a gun is a rite of passage for boys in many southern and mid-western states Americans generally consider gun ownership to be a reasonable method of self-protection Views on guns tend to divide along the fault lines of America’s “culture wars” Political culture and guns Guns are closely associated with the concern for individual liberty at the heart of US political culture

15. Political culture and guns US politicians use gun imagery to appeal to conservative and rural voters

16. “From my cold dead hands!” Charlton Heston The pro-gun lobby

17. The NRA is… Passionate – “almost evangelical” Large – 4m members, 300 staff Exceptionally well-funded - $100m budget PA Politically savvy, cut-throat, feared Highly organised Focused Well connected Has no serious anti-gun counterpart – passive, disorganised, small, poorly funded The pro-gun lobby May 2001: NRA voted “most influential interest group” by Fortune Magazine

18. Almost all gun owners act responsibly. Why should their rights be trampled on by an irresponsible minority? America has very high murder and suicide rates regardless of guns Numerous crimes are prevented based on the deterrent affect of guns Gun possession has a central place in American history and culture The real problem lies in… Parental neglect The culture of violence encouraged by Hollywood Improper ìmplementation of existing laws Arguments in favour of gun rights Stronger gun control is an undesirable, ineffective and unnecessary step

19. The National Rifle Association (NRA) “The subject of one of the greatest pieces of fraud, I repeat, fraud, on the American public by a special interest group that I have ever seen in my lifetime… The NRA have misled the American people and they, I regret to say, have far too much influence on the Congress of the United States”. - Chief Justice Warren Burger

20. The US political system works in favour of the NRA… Weak parties frequent elections Candidate-centred campaigns The imperative of localism Make candidates risk-averse and “vulnerable to intimidation” Gives little incentive to challenge the status quo and a powerful and ruthless lobby group Institutional structure and guns

21. Existing laws are weak and permissive. However although 54% of Americans want stricter gun control… It took 12 years for the “Brady Bill” to eventually be passed in 1992. The SC has since ruled elements of the Brady Bill unconstitutional Clinton and Tom Foley guided minor gun control laws through in 1994 – the Democrats promptly lost their House majority and Foley lost his seat. These laws had little impact on gun-death statistics Bush has strongly supported the gun rights lobby for the last 8 years; many states have actually passed laws increasing gun rights in this time. 9/11 further undermined gun control efforts Recent gun-related legislation

22. 2008 candidates and guns Doesn’t say anything on his website. Historically pro-control – wants existing laws properly implemented & tighter restrictions imposed. Doesn’t say anything on her website. Historically pro-control – supported Bill’s policies, generally Strongly opposes absolute right to gun ownership. “The right of law abiding citizens to keep and bear arms is a fundamental, individual Constitutional right. We have a responsibility to ensure that criminals who violate the law are prosecuted to the fullest, rather than restricting the rights of law abiding citizens. Gun control is a proven failure in fighting crime. Law abiding citizens should not be asked to give up their rights because of criminals— criminals who ignore gun control laws anyway.

23. A closing thought… There have been 114 gun crimes in America since the start of this lecture. 4 people have beenshot dead.