The Constitutionality of President Obama's Proposed Actions on Gun Control

On Tuesday, January 5, President Barack Obama delivered an inspiring address proposing a number of steps that his administration will take to protect Americans from gun violence. Because Congress has refused to enact new legislation -- for example, it failed to enact the Toomey-Manchin background check bill, summarized by Politifact here -- the President announced what his administration will do to improve the enforcement of existing law. Many have attacked the President's proposals on the ground that he lacks the authority under the Constitution to take these steps. I don't see any constitutional difficulties whatsoever with the President's proposals.

Consistent with the Constitution, What Can We Do About Gun Violence?

Guns don't kill people. People kill people. But they mainly use guns to kill people. Every year twelve thousand Americans are gunned down by other Americans; in addition there are more than twenty thousand American suicides by gun annually. In the past 20 years we have lost over 600,000 Americans to gun violence. That's more than we lost in combat in World War II; twelve times more than we lost in Vietnam; thirty times more than we lost in Korea; one hundred times more than we lost in Kuwait, Iraq, and Afghanistan combined; and three hundred times more than we have lost to terrorists. In fact, over the last 20 years we have lost more Americans to gun violence than we lost in combat in all of our wars and every terrorist attack over the last 80 years.

We think of war as a terrible scourge. Domestic gun violence is four times as deadly as war.

It is way past time for this country to adopt common-sense gun control legislation. What laws would be constitutional?

"Fear Breeds Repression, Repression Breeds Hate" -- Louis Brandeis

Two police officers were shot and seriously wounded in Ferguson, Missouri overnight. What is happening to our country, and what can we do about it?

Guns and the Culture of Violence

In the wake of the mass shooting of children in Newtown, Connecticut, Wayne LaPierre, Director of the National Rifle Association, claimed that the problem in our society is not the easy access to weapons capable of such bloodshed but rather our culture - specifically, depictions of violence in movies and on television. I think Mr. LaPierre is right in part, but he misses the point. Guns are a part of the larger cultural problem in this country - a culture of violence.