“Obstructing The Democratic Process”: Gun Control Filibuster Proves The Senate Is Broken
I’ve been shaking my Boggle box to come up with some colorful adjectives to add to the din of words criticizing the Senate for its failure pass the universal background check amendment in the Safe Communities, Safe Schools Act of 2013.
I didn’t get any words as good as egregious or atrocious. Boggle’s 16 cube tray didn’t give me enough letters to produce words as bumptious as those. But I did get the word Fed, and that reminded me of James Madison’s Federalist 10, a paper he wrote in 1787 to argue that “one of the numerous advantages promised by a well-constructed Union is its tendency to break and control the violence of factions.”
Madison defined factions as “a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse …adverse to the rights of other citizens or to the permanent and aggregate interests of the community.” He argued that majority rule would “secure the public good from the danger of factions and preserve the spirit and the form of popular government.”
Sadly, the outcome of this vote is just another example how the filibuster has eroded any and all ability of the Senate to secure the public good. The 46 Senators who voted against cloture put their self-interest ahead of public safety, regardless of the fact that the bill closed all the loopholes in the background check process, a process that today lets 40 percent of guns purchased go unchecked.
The filibuster came into being in 1815. Between 1815 and 1975, Senators were required to stand in the chamber and speak until a 2/3’s vote invoked cloture. It was exercised infrequently because the costs of using it were higher. Two-thirds of Senators had to be present and voting in the chamber, and 3/5’s sworn. In short, they had to sit and listen to the speech until they fell asleep, wore out, or simply couldn’t take it anymore.
In 1975, the Democratic controlled senate strengthened the filibuster. Senators didn’t have to be present to use it or engage in endless debate in the chamber. To invoke cloture, the number of required votes was reduced to 3/5s, or 60 out of 100.
Why did Democrats make these changes? They wanted to make sure that if they lost control of the chamber in some future election, they’d have a reliable way to way to block the Republican party.
The Democrats made a bad move. Since 1975, both parties have abused the filibuster to such an extent that today the Senate shows little productivity, and it’s a rare occurrence that bills do pass. Under majority rule, S.649 passed 54-46, but that doesn’t count because every bill now requires a 60-vote supermajority to pass, a requirement that flies in the face of majority rule.
Just the threat of a filibuster stops legislation in its tracks, and special interests work this to their advantage. The gun lobby compelled those 46 Senators to filibuster the bill by threatening to pull support from their 2014 reelection campaigns.
However, it’s not just the gun lobby influencing senators to filibuster bills. Over the past several years, many powerful liberal and conservative interest groups have helped orchestrate filibusters of multiple good and broadly beneficial legislative proposals.
The filibuster slaps popular government in the face. It has to go. It does nothing but obstruct the democratic process, and it isn’t needed to give the minority party a stronger voice in the chamber. Even if we got rid of it, each Senator still has plenty of rules and procedures at his or her disposal to slow debate.
How we get rid of it, however, is a discussion I’ll reserve for a future column, because we can’t expect the very people who benefit from the filibuster to support eliminating it. One thing’s for sure: If the status quo persists, we won’t see any reasonable gun control laws in this geological age.
By: Jamie Chandler, U. S. News and World Report, April 19, 2013
“The Mass Murder Lobby”: How The NRA Impeded The Boston Bomber Investigation
The intense hunt for the Boston Marathon bombers illustrates another way that the National Rifle Association helps mass murderers — by delaying how quickly they can be identified.
The inability to quickly track the gunpowders in the Boston bombs is due to government policy designed and promoted by the NRA, which has found a way to transform every massacre associated with weapons into an opportunity for the munitions companies that sustain it to sell more guns, gunpowder and bullets.
The price for such delays was put on terrible display Friday morning when the two brothers, who had been caught on video placing the bombs, killed one police officer, wounded another and carjacked a motorist, creating conditions so unsafe that the 7th largest population center in America spent Friday on lockdown.
But for the NRA-backed policy of not putting identifiers known as taggants in gunpowder, law enforcement could have quickly identified the explosives used to make the bombs, tracking them from manufacture to retail sale. That could well have saved the life of Sean Collier, the 26-year-old MIT police officer who was gunned down Thursday night by the fleeing bomb suspects.
Had the suspects in the Boston bombings killed by slipping poison into bottled water or canned food at a factory, or lacing spinach in a field with a deadly chemical, it would have taken only minutes to a few hours to identify exactly where that food was manufactured and how it moved through the food chain. That would have quickly narrowed the search for suspects.
With many food products you can use a smartphone app to scan the product’s barcode and learn where, when and by what company the product was made. Cans and bottles also come with codes printed or stamped on them to help stop foodborne illness by tracking products to their source.
“With almost any food these days you can quickly track it from the source to the store where it was sold,” according to Bill Marler, a Seattle litigator who specializes in food safety cases and sponsors the website Food Safety News.
Had the Boston bombers used a plastic explosive, it would have included identifiers that would have allowed a quick trace. Those taggants exist because the NRA does not oppose them.
Why is that? Why this breach in the NRA’s Maginot Line of defense against reasonable regulation of guns and ammunition?
The answer appears to lie in who makes plastic explosives like Semtx, which was used to bring down Pan Am Flight 103 over Lockerbie, Scotland, in 1988. The world’s main supplier was not a company that finances the NRA, but Libya under Moammar Khadafy.
That this one breach in NRA policy traces directly to the economic interests of the American munitions industry provides powerful evidence of what motivates the NRA – profits.
That the gun makers have managed to turn each massacre into a spike in sales of both expensive rapid-fire weapons and ammunition adds to the evidence that the NRA should be viewed as the mass-murder lobby.
The major source of plastic explosives may also be significant in understanding the NRA’s willingness to go along with taggants for plastic explosives, which are much more powerful than gunpowder.
But gunpowder, like guns, are extremely difficult to trace because for more than three decades the NRA has fought to make sure it’s difficult to almost impossible to do.
That difficulty results not from the technical issues at hand, though the NRA tries to make people think that’s the case by mischaracterizing a 1980 government report.
In the case of guns, the NRA claims anything remotely resembling a gun registry or a national database tracking guns from manufacturer to retail sale would help the government disarm the citizenry. In this the NRA fuels the fantasy that in the event the American government turned on the people, bands of armed patriots could defeat the military with its trained soldiers, aircraft, drones, advanced weaponry and communications.
Iraqi households almost all had guns, too, but that did not protect them from their country’s military or the invading American-led ground forces a decade ago.
Bombs have long been used in America for personal, criminal and political purposes. The frequency of bombings may surprise many people given the intense focus on the Boston bombs.
Roughly 5,000 bombings and attempted bombings are reported in the U.S. each year, according to Bureau of Alcohol, Tobacco and Firearms reports.
The ATF data, like that the FBI gathers, takes a broad measure, counting bombs made from matchsticks as well as dynamite.
The level of reported bombings in 2011 and 2012 was triple the number compared to more than four decades ago, when I wrote a three-part series in the afternoon San Jose News on homemade explosive devices. Back then, as a staff writer for the morning San Jose Mercury, I covered California radicals, left and right, and the cops trying to catch them. I even got one bomb-maker in 1972 to invite me home to see a nonworking bomb model fashioned from advice in a book we both owned, anti-war protester William Powell’s The Anarchist Cook Book.
Hobbling law enforcement, and attacking it, has long been an NRA strategy.
After the 1995 Oklahoma City bombing, federal agents had a tough time tracing the fertilizer used to make the bomb that killed 168 people and injured 680 more because the NRA had fought using identifiers for explosives.
As my then-colleague Fox Butterfield reported in The New York Times three weeks after the crime:
Technological advances in the last three decades might have made it harder to build such a bomb and easier to trace its origin, the experts say, but gun enthusiasts and makers of fertilizer and explosives have repeatedly blocked efforts to put the research to use.
“It is just amazing that in this dangerous time, fanatical, boneheaded people are opposed to controls on explosives,” said then-Representative Charles E. Schumer, a Democrat from Brooklyn, who introduced bills in 1993 and 1994 that would have forced manufacturers to add an identifying marker to explosives so their users could be tracked.
Mr. Schumer was referring primarily to the National Rifle Association and the explosives industry, which helped defeat the bills, citing among their objections safety hazards and reliability. The use of markers, they said, makes explosives more unstable and, when used in gunpowder, makes the charge less reliable.
Reynold Hoover, a former bomb expert with the Bureau of Alcohol, Tobacco and Firearms, said his agency had money in the budget in the 1970s to develop a tagging or identification agent, known as a taggant. The 3M Corporation devised the technology by the late ’70s, said Mr. Hoover, now a consultant in Washington: fluorescent particles that could be detected by ultraviolet light. Manufacturers would use a different taggant in each batch.
Although up to 90 percent of taggants might be destroyed in a detonation, enough would remain to reveal their source.
In 1979, while conducting a $5 million pilot project using taggants in some seven million pounds of explosives, the ATF was able to track down and convict James L. McFillin, who had used an explosive, Tovex 220, to make a bomb that killed one man and injured another in Baltimore.
But shortly afterward, Congress ordered the bureau to stop work on ways to trace explosives. At the time, Representative William J. Hughes, the New Jersey Democrat who headed the House subcommittee on crime, said the National Rifle Association and makers of explosives had pressured Congress to block the program.
The NRA opposed using taggants, saying they would contaminate some explosives used by gun hobbyists, like old-fashioned gunpowder called black powder and the newer smokeless powder. It said people who liked to fire antique rifles or who loaded their own ammunition would have to use less accurate gunpowder.
Let’s not forget what Wayne LaPierre, the NRA’s CEO, said shortly after that terrorist act in Oklahoma City. LaPierre went on the attack against law enforcement, comparing federal agents to the Nazis and calling them “jack-booted thugs.”
Former president George H.W. Bush then resigned from the NRA in protest, but LaPierre kept his job, which speaks volumes.
As for taggants, the “study” the NRA cites to show that good science found taggants would make gunpowder less reliable and would not work was in fact only a review of the literature.
Anyone who actually reads the 1980 report, “Taggants in Explosives,” will find this revealing line by the Office of Technology Assessment: “Due to severe time constraints, OTA did little original research.”
Technology has advanced since that report, which is so old that it was prepared on a typewriter.
We can get identifiers put in gunpowders because of technological advances, just as reports get prepared these days on computers. And if “good science” says existing taggants fall short, then Congress can fund research to develop taggants that work without degrading the quality of the explosive charge in bullets.
But as the votes in the Senate killing modest gun regulation and controls on gun trafficking showed this week, what stands firmly in the way of reducing mass murders and bombings is one organization and its backers.
We can change that, once the public understands that the NRA is not so much a defender of Second Amendment rights as a lobby for enabling mass murder.
By: David Cay Johnson, The National Memo, April 20, 2013
“Laughing Hyenas”: Props Of An Extremist Fringe Who Have Completely Lost Their Way And Any Sense Of Decency
The 41 Republican and four Democratic senators who voted to filibuster a bipartisan gun sale background check bill yesterday are rightfully losing friends quickly. After all, the bill they blocked was supported by over 90 percent of voters and 90 percent of gun owners. The backlash appropriately started the moment they voted to filibuster, as Patricia Maisch, a survivor of the 2011 Tucson mass shooting, yelled “Shame on you!” from the Senate balcony and told reporters “They have no soul. They have no compassion for the experiences people have lived through.” They then heard from President Obama, who called it a “shameful day for Washington.” Then, this morning they woke up to a no-holds-barred op-ed from former congresswoman Gabrielle Giffords, another tenacious survivor of the Tucson shooting, calling for every single one of them to be ousted from their jobs.
But these 45 senators still have friends. And it’s very telling who those friends are. The lobbying group Gun Owners of America immediately sent an email to its supporters praising the filibuster and taunting background check proponents, saying, “Well, guess who’s laughing now?” This is the same group that has claimed that expanded background checks would lead to a genocide against Christians, a Minority Report-style “pre-crime unit”, and even a race war.
Also happy with the filibuster was the National Association For Gun Rights, which called the background checks bill “draconian” and claimed it would lead to “confiscation” by “gun grabbers.”
And, of course, the National Rifle Association — the group that suggested the way to stop future school shootings was to put more guns in schools — was thrilled and “grateful” to the senators who had blocked the bill.
In his speech after the vote yesterday, President Obama said, “The American people are trying to figure out, how can something have 90 percent support and yet not happen?” It can only happen if the other 10 percent has many times more power than you or I. And yesterday, these out-of-touch, extremist groups were celebrating the fact that they still had that power to stop any and all measures to curb gun violence.
Part of the reason that these groups are the ones “laughing now” is that they have the combined support of a wide array of conservative lobbying groups. As a recent People For the American Way report put it:
The NRA is not alone in attempting to prevent effective regulation of guns and promoting reckless policies that leave Americans vulnerable to crime. Its efforts are supported by the same kind of coalition that undermines the nation’s ability to solve a wide range of problems. Corporations, right-wing ideologues, and Religious Right leaders work together to misinform Americans, generate unfounded fears, and prevent passage of broadly supported solutions.
Although there was lots of competition for this dubious distinction, in one of the most offensive comments made by an opponent of efforts to curb gun violence, Sen. Rand Paul of Kentucky accused President Obama of using the families of massacred Newtown, Connecticut schoolchildren as “props.” Sen. Paul and his colleagues should consider whether it is they themselves who have become the props of an extremist fringe who have completely lost their way and any sense of decency.
By: Michael B. Keegan, The Huffington Post, April 18, 2013
“The NRA’s Pyrrhic Victory”: Why The NRA’s Manchin-Toomey Senate Vote Win Is Really A Loss
Congratulations, National Rifle Association. Once again, you flexed your unparalleled political muscle and managed the rare political feat of defeating a proposal supported by 90 percent of the American people. Are you familiar with the concept of a Pyrrhic victory? It’s the kind that comes with an unsustainable cost. It’s the kind you just scored.
What’s the cost? There are three critical losses rolled into yesterday’s NRA win. For one thing, as I noted Tuesday, this round of the fight over guns has produced a new infrastructure opposing the gun lobby. Neither Americans for Responsible Solutions, founded by my old friend Gabby Giffords and her husband Mark Kelly, nor Mayors Against Illegal Guns are likely to go away any time soon.
If you doubt it, read Gabby’s heart-wrenching op-ed in today’s New York Times. “Mark my words: if we cannot make our communities safer with the Congress we have now, we will use every means available to make sure we have a different Congress, one that puts communities’ interests ahead of the gun lobby’s,” she writes. And understand that the mayors group is launching a new NRA-style scorecard to keep senators accountable for the votes they cast.
Don’t underestimate the power of these groups having concrete, potent issues to rally around: the indelible horror of Newtown, a bipartisan proposal to help prevent the next one, and a stark example of a fanatical special interest triumphing over the overwhelming will of the American people.
The second cost to the NRA in winning this fight is opening a clear, chasm-like gap between its position and the American people’s position. Poll after poll has demonstrated overwhelming support for universal background checks. The Huffington Post recently crunched the numbers and found that universal background checks are more popular than – I’m not making this up – apple pie, kittens and baseball.
A recent ABC News/Washington Post poll found that even in gun-owning households 86 percent of people support universal background checks. By opposing the proposal, the hoary National Rifle Association (and its even more radical brethren like Gun Owners of America) has created a wedge issue which smart activists and pols can use to cripple the organization. The NRA will be nothing once its members realize how inflexibly radicalized it has become.
And Americans for Responsible Solutions isn’t the Brady campaign. The NRA is no longer in a struggle with flat out opponents of the Second Amendment. “I’m very in favor of gun rights, and so is our organization,” Kelly said Tuesday, noting that he and his wife are both gun owners. “When you look at the polling data, most of the country stand with Gabby and I on this issue, that you can be pro-Second Amendment and pro-gun-rights; you can also be against gun violence and realize that there are certain things we can do to try to reduce violence in this country.”
Finally, as Greg Sargent pointed out yesterday, the history of gun control is rife with setbacks followed by victories:
Congress has repeatedly been spurred by shootings to act on proposals that originated in the wake of previous shootings. It has repeatedly taken years to pass gun control legislation. The Gun Control Act of 1968 passed in the wake of the assassinations of Martin Luther King and Robert Kennedy, but it originated in the wake of the assassination of JFK five years earlier. The Brady Law passed in 1993, many years after the shooting of Jim Brady. Six years later still, after the 1999 Columbine massacre, the Senate passed a bill closing the loophole in the law (it failed in the House).
The NRA didn’t need to make this a fight. Given that the NRA used to support them, universal background checks can’t be that radical a threat to the Second Amendment. They could have read the polls and given a little ground. They could have accommodated the overwhelming will of the American people. Instead they chose the maximalist position and they scored a victory.
King Pyrrhus, who gave his name to the type of victory, is said to have commented after his signature event that “one other such would utterly undo him.” I somehow doubt NRA chief Wayne LaPierre made a similar comment yesterday, but time will remind him of King Pyrrhus’s lesson.
By: Robert Schlesinger, U. S. News and World Report, April 18, 2013
“All Worked Up About Guns”: The Ironies Of The Senate Gun Control Debate And Emotional Attachment Of Senators To Their Jobs
As a guy who works with words for a living, I marvel at the gun lobby’s gift for turning logic inside out. The bumper-sticker classic: “Guns don’t kill people, people kill people.” The post-Newtown twist: “The only thing that stops a bad guy with a gun is a good guy with a gun.” And this week we have the latest cynical talking point: Let’s not legislate with our emotions.
“It’s dangerous to do any type of policy in an emotional moment. Because human emotions then drive the decision. Everyone’s all worked up.” (Mark Begich, D-Alaska)
“The emotion associated with all the violent events over the last 3 or 4 years tends to cause us to lose sight of some pretty commonsense principles,” (Tom Coburn, R- Oklahoma)
“We should not react to these tragedies in an irrational manner here in the Senate.” (Richard Shelby, R- Alabama)
“It is largely a mistake to talk about issues in the wake of crisis, in the wake of tragedy.” (Rand Paul, R-Kentucky, who also accused President Obama of using the Newtown victims’ families as “props.”)
I don’t know who put out the memo. But this patronizing line is a transparent attempt to devalue the outpouring of heartbreak from parents and survivors that has – at least temporarily – fueled a drive to do something, even something inadequate, to make the next massacre a little less likely.
The grand irony behind the insult is that no movement has been so successfully propelled by passion – so “worked up” – as the gun rights movement. This is a movement that feeds on fear and resentment. This is a movement driven in part by the paranoid expectation that the government is itching to confiscate all of your guns – and, one layer down, by the even darker paranoia that citizens need guns to defend against impending tyranny. And these are the people telling us to calm down and be reasonable?
From such phobic nightmares, what clear-headed, common-sense arguments arise? Arguments like these:
- The answer to an armed lunatic in a movie theater is for the other patrons to pull out their concealed weapons and fill the air with lead.
- Our current, loophole-ridden background checks don’t catch criminals, so tougher background checks are pointless. (By this reasoning, since our border fences aren’t stopping illegal immigration, there’s no point in building better fences.)
- Every state has the right to issue concealed-carry permits, but no state has the right not to recognize permits granted in other states. (That got 57 votes in the Senate, just short of the 60 needed to pass.)
Of course, the real ruling passion Wednesday in the Senate was the emotional attachment of senators to their jobs. Not doing them. Keeping them.
By: Bill Keller, The Opinion Pages, The New York Times, April 18, 2013
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