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“A Crazed Romance With Guns”: The Answer To Gun Carnage Is Not Arming Teachers

Have you ever seen the holiday film classic “A Christmas Story”? Set in 1940s Indiana, it’s the charming tale of young Ralphie, whose only wish for Christmas is a Red Ryder BB gun. Poor Ralphie is constantly rebuffed by the adults in his life, who warn him, “You’ll shoot your eye out.”

During this shattered holiday season, with so many Connecticut families experiencing unimaginable loss, the movie is a reminder that guns have always been popular in the American imagination. It also gently reminded me, however, that previous generations were much more circumspect and cautious in their attitudes toward firearms.

I am delighted that President Obama, shocked to his senses by the carnage in Connecticut, has finally found the courage to stand up to the gun lobby and take steps toward more regulation of firearms. But I fear that won’t be enough.

Don’t get me wrong: I support a ban on assault-type weapons, a ban on high-capacity magazines, and waiting periods for gun purchases. All of those are common-sense measures that should already be the law of the land.

But I don’t think those steps will be enough to change a culture steeped in gun lore and conditioned to believe that firearms hold some magical powers to keep the streets safe. Somehow, our crazed romance with guns — a dangerous and dysfunctional relationship — must end.

It hasn’t always been this way. My late father came of age in the 1930s and ’40s in deepest, reddest Alabama. He was an avid outdoorsman who loved fishing and hunting. Nothing made my father happier than awakening in the wee hours on a crisp morning in November to go out into the cold and stalk deer. Go figure.

I think he would have been amused — or perhaps puzzled — by the ad campaign that Bushmaster adopted to sell its AR-15 assault-type rifle, which was used by the Connecticut shooter. The campaign bestowed “manhood” on Bushmaster buyers. I don’t think my dad — who worked hard, supported his family and tried to teach his children right from wrong — ever thought his manhood was in question.

A veteran of combat in Korea, he was as strict about gun safety as the National Rifle Association is imprudent. He and his hunting buddies refused to hunt with rifles because the projectiles are too powerful and travel too far; they used shotguns instead. They banned hunters whom they deemed careless. Dick Cheney would not have been welcome.

As a young college graduate headed for the big city, I contemplated buying a firearm. My father wouldn’t hear of it, noting that I’d be more likely to be a victim of my own handgun than to ward off danger with it. He suggested that I stay out of dangerous places instead.

My dad was also a junior-high-school principal, and I think he would be horrified — simply horrified — by the irrational suggestion from some political leaders that the answer to school shootings is to arm teachers. He knew perfectly well that arming teachers would be a way to get more children killed.

As the term “friendly fire” connotes, soldiers and police officers, who undergo intense weapons training, frequently miss their targets or hit others by mistake. Last August, as just one example, New York City police officers killed a gunman outside the Empire State Building. Nine bystanders also ended up wounded, all by police gunfire or ricochets.

When did so many of our political leaders — governors, members of Congress, state legislators — lose their senses about guns? How did we come to have a culture in which public figures believe it is rational to advocate arming teachers to prevent school massacres?

Even as some of the loudest gun advocates have become more hysterical in their absolutism, the number of households with guns has actually decreased over the last few decades, according to polls and federal data. Unfortunately, the number of guns owned by a smaller portion of households has increased.

Meanwhile, reasonable, old-school outdoorsmen like my dad aren’t speaking up. They need to stand up and be counted.

 

By: Cynthia Tucker, The National Memo, December 22, 2012

 

December 22, 2012 Posted by | Gun Violence, Public Safety | , , , , , , , | 1 Comment

“The NRA’s Worse Nightmare”: Gun-Rights Advocates Should Fear History Of Second Amendment

On Sunday, New York Sen. Chuck Schumer went on CBS’s Face The Nation and argued that people who support gun control “have to admit that there is a Second Amendment right to bear arms”.

Schumer’s effort to reach out to the gun-rights community may be well-intentioned, but it is also deeply ironic. If the nation truly embraced the Second Amendment as it was originally written and understood, it would be the NRA’s worst nightmare.

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

It’s time for a history lesson about one of America’s most popular and least understood rights. It’s also long past time to expose the hollow, ignorant fawning over the Second Amendment by gun-rights advocates for what it is.

In contrast to the libertarian fantasies that drive the contemporary debate about firearms in America, the Founders understood that liberty without regulation leads not to freedom, but anarchy. They understood that an armed body of citizens easily becomes a mob. In other words, a bunch of guys grabbing their guns and waving a flag emblazoned with a rattlesnake is not a militia.

A cursory look at the history of the Second Amendment shows that regulation was a central part of its rationale—putting “well regulated” at the very start of the amendment was no accident. For instance, starting in the colonial period, states enacted a variety of “safe-storage” measures to deal with the danger posed by stored gunpowder. A 1786 law went as far as prohibiting the storage of a loaded gun in any building in Boston.

But many people who defend gun rights today are more than happy to skim over the first part of the amendment in their zeal to embrace the second. (The NRA itself literally chopped off that pesky first half when it chiseled the words on the face of its old headquarters.) As a result, our modern gun-rights ideology is often unmoored from any sense of corresponding civic obligation.

This ideology claims to rely heavily on the Second Amendment, and yet it is rooted not in the Founders’ vision, but in the insurrectionary ideas of Daniel Shays and those who rose up against the government of Massachusetts in 1786 and 1787. Indeed, there are gun-rights advocates today who think the Second Amendment actually gives them the right to take up arms against the government—but if that were true the Second Amendment would have repealed the Constitution’s treason clause, which defines treason as taking up arms against the government!

This is all so deeply twisted: after all, the Founders framed the Constitution in part as a response to the danger posed by Shays’ Rebellion.

As a result, our modern debate over gun rights has virtually nothing to with the Founders’ Second Amendment; that debate actually started about 30 years after the Amendment was adopted. What emerged was the notion that reasonable regulation was not inconsistent with the right to bear arms. In fact it was the only option in a heavily armed society.

Up until the 1980s, there was no “individual-rights” theory of the Second Amendment. Many states had adopted provisions protecting an individual right to own guns, but this tradition was distinct from the Amendment. All that changed when right-wing think tanks undertook a conscious effort to fund new scholarship to rewrite the amendment’s history. At first that effort was not well received, even in conservative circles. As late as 1991, former Supreme Court chief justice Warren Burger famously called the idea of an individual right to bear arms “one of the greatest pieces of fraud—I repeat the word ‘fraud’—on the American public by special-interest groups that I have ever seen in my lifetime.”

But the revisionism ultimately won over most of the legal establishment, reaching its zenith in 2008, when the Supreme Court broke with 70 years of established jurisprudence and affirmed that the Second Amendment protects an individual right to have guns in the home for reasons of self-defense.

In order to do this, the majority followed the lead of gun-rights advocates and essentially excised the first clause of the amendment—the “well-regulated militia” part—from the text.

(Let us pause briefly to note the irony that the opinion, District of Columbia v. Heller, was written by none other than Justice Antonin Scalia—America’s staunchest defender of originalism, or reading the Constitution according to its supposed original meaning.)

If the Heller court had simply said, “Look, most Americans think the Amendment is about an individual right, and no one really cares what James Madison or the average man on the street in 1791 thought”—then the case would be pretty uncontroversial. Instead, Scalia produced a pompous, error-filled opinion that has done more to discredit his beloved originalism than a generation of liberal academics ever could.

Even leading conservative legal scholars have harshly criticized the ruling: federal judge Richard Posner said most professional historians reject Scalia’s historical analysis in the case, and described Scalia’s jurisprudence as “incoherent”. Perhaps even more damning, J. Harvie Wilkinson, a federal judge appointed by Ronald Reagan, compared Heller to Roe v. Wade.

Of course, the fact that the Second Amendment is now treated as an individual right has almost no bearing on gun regulation, because no right is absolute. You can’t shout “Fire!” in a crowded theater, nor can you fire a gun in one.

And most Americans—including those who own guns—are open to reasonable gun regulation. The only people who oppose such policies are the NRA, extreme gun-rights advocates, and the craven politicians who do their bidding.

But what would such regulation look like?

For one thing, we could have a comprehensive system of firearm licensing and registration. At the moment we have none (even though it is hard to fathom how one might ever muster a militia without such a system). To avoid the irrational fears of gun confiscation, such a system ought to be instituted by the states, which maintained militias long before the Second Amendment existed. Could anyone with even a minimal understanding of the history of the Second Amendment seriously maintain that a state-based system violated the Amendment’s text or spirit?

The bottom line is that although we hear the Second Amendment invoked all the time, few of those who trumpet it the most vehemently realize that restoring the Founders’ vision of the Second Amendment would be a call for more gun regulation, not less.

 

By: Saul Cornell, The Daily Beast, December 18, 2012

December 21, 2012 Posted by | Constitution, Guns | , , , , , , , | 2 Comments

“Unfit For Responsibility”: What Americans Should Learn From The “Republican Apocalypse”

What may finally consume the House Republicans is their boundless contempt for the American public – a contempt bluntly demonstrated in their refusal to consider any reasonable compromise with President Obama to avoid the so-called “fiscal cliff” on December 31. They know from the election results (and every poll) that the public believes taxes should be raised on the wealthy. They know that the public wants bipartisan compromise. And they know that the approval rating of the House Republicans, in contrast to the president’s upwardly trending numbers, are veering toward historic lows.

Moreover, they claim to believe that the major tax hikes and spending cuts that will occur on January 1, if negotiations, fail, will be ruinous for the American and perhaps the world economy. (And never mind that this concern validates Keynesian economics, flatly contradicting their professed ideology.) Failure to achieve a deal may result in a renewed recession or worse.

Yet the majority of Republican members adhere so blindly to their far-right ideology that on Thursday evening, they humiliated their own leadership by refusing to support Speaker John Boehner’s “Plan B” — and effectively scuttled negotiations between the House leadership and the White House. Boehner thought a bill to increase taxes only on households earning more than $1 million annually would pass the House, as Majority Leader Eric Cantor confidently announced. “We’re going to have the votes,” he said on Thursday afternoon. Several hours later the House leaders cancelled the roll call on the tax bill, admitting that they didn’t have the votes.

This embarrassing episode – the “Mayan Apocalypse” of the Republicans Party – demonstrates again why they are unfit for the responsibilities of national office.

They proved their unfitness the first time in the summer of 2011, when they held the national debt ceiling hostage, supposedly to reduce spending, and succeeded only in damaging both the nation’s credit rating and the economic recovery. Now they have declared their unwillingness to negotiate with a newly re-elected president, who won easily on the taxation issue. Although they held the majority, they actually lost seats and received fewer total votes than the House Democrats. But still they see no reason to deal with the president or acknowledge the national consensus.

Naturally, public anger at the Republicans is growing. But how furious would people feel if they fully understood this latest absurd episode on Capitol Hill? Boehner’s proposal was exceptionally generous to the wealthiest taxpayers – and mean to the poor and working families.

His Plan B would have extended the Bush tax cuts for their first million dollars of income; repealed a limit on tax deductions by the highest-income households; established a dividend tax rate of only 20 percent; and maintained an estate tax break for those same highest-income families worth an average $1.1 million. At the same time, according to the authoritative Center on Budget and Policy Priorities, Boehner’s bill would have ended various tax credits for low-income and middle-income families, costing them roughly $25 billion a year and driving millions of American children into poverty.

But awful as that proposal was, it was deemed too liberal by the dominant faction in the Republican caucus. They found it so offensively decent, so treasonously moderate, that they made fools of their own leaders and themselves rather than let negotiations continue. (Their spending bill was even worse.)

The president is fortunate in his opposition, whose obstinacy and extremism may yet prevent him from making a terrible deal to damage Social Security or Medicare when neither is necessary. He wanted to make deal – very badly – but there is nobody with the competence or sanity with whom to make a deal, not even a raw deal.

Now Obama must explain clearly what has happened. Perhaps then voters will begin to draw the obvious conclusion – that this country’s problems cannot be addressed, let alone solved, until they remove these Republicans from power.

 

By: Joe Conason, The National Memo, December 21, 2012

December 21, 2012 Posted by | Budget | , , , , , , , , | 1 Comment

“Laying Out The Best Options”: The Progressive Case For The Chained Consumer Price Index

Liberals are going to have to decide if they’ll stick with the president if the plan he floated this week to cut Social Security benefits by switching to the so-called chained CPI becomes a reality, and it’s not an easy choice. Progressive pressure groups and lawmakers are furious with Obama for proposing the cuts, as I noted yesterday, but House Democratic Leader Nancy Pelosi said she’s confident that her caucus would ultimately support the plan if the president asks them too.

The case against moving to the chained CPI is easy to make: It represents a real cut to seniors’ Social Security benefits, which has so far been a non-starter. Even advocates of the switch acknowledge this. But since we may have to swallow it, it’s worth laying out the best progressive argument possible in favor of the chained CPI. We’re not saying it’s right, but it’s a case that should be made.

And the argument does exist. The Center for Budget and Policy Priorities, one of the most well-respected liberal think tanks on policy analysis, has endorsed the change. As has the Center for American Progress, Washington’s most powerful liberal think tank, which recommended the chained CPI in its comprehensive Social Security reform plan.

The key question is this: Do you believe Obama can get a deal without cutting anything from social safety entitlement programs, or is he going to have to do something? If you fall in the former camp, then the chained CPI is dead on arrival. But, if you think we’re going to have to cut entitlements at some point, then the chained CPI is probably the least bad option of a menu of bad possibilities, including raising the Medicare retirement age, which is the most likely alternative and would be far more harmful.

On its own, the chained CPI is unquestionably bad, but as part of a deal to raise taxes, extend unemployment benefits and do the other good things Obama wants to do, and if it includes major mitigating tweaks, it can be made almost palatable.

First of all, it’s important to note that the CPI formula doesn’t affect just Social Security. Rather, it appears in hundreds of different places on both the revenue and spending side of government. Almost every government retirement, disability and income-support program pays annual cost of living adjustments that are linked to the CPI. On the tax side, dozens of elements, from the standard deduction to limits on contributions to 401K plans to the earned income and child tax credits, are adjusted every year based on the CPI.

The whole point of the CPI is make sure benefits keep pace with inflation on the one hand, and to ensure that people are paying enough taxes as inflation changes on the other hand. So while the chained CPI cuts benefits, it also raises revenues in a way that’s palatable to Republicans. The change is estimated to save about $220 billion over 10 years, $72 billion of which would come from increased tax revenue.

Moreover, both CBPP and CAP, along with many independent economists, believe the chained CPI is a more accurate measure of inflation than the current index, called the CPI-W. The CPI is calculated by measuring price changes in a basket of 250 common consumer goods, but only the chained CPI takes into account that people shift their buying habits in response to price changes. Adjusting for that, the chained CPI grows about .3 percent slower than the current rate.

Liberals rightly note that this substitution effect isn’t really true for the very poor and very old, who spend a disproportionate amount of their income on non-substitutable goods like healthcare and housing. That’s why the only acceptable way to shift to the chained CPI is to include exemptions for some of the most vulnerable groups.

There are two major changes necessary. First, add a bump in benefits to the very old, who are more likely to have high healthcare bills and to have exhausted their savings that supplemented their Social Security income. Second, exempt Supplemental Security Income, which serves the poorest, disabled and blind but still often leaves people below the poverty line. SSI benefits should actually be increased, but that would require a different effort, so it should at the minimum be exempted from the CPI change.

Obama has indicated that he will demand these changes. The Simpson-Bowles and Rivlin-Domenici deficit reduction plans, which both included a move to the chained CPI, also included similar caveats. Nancy Pelosi said the changes would be included in a final deal: “The details of this are not all ironed out, but they all mitigate for helping the poorest and neediest in our society, whether they’re Supplemental Security Income recipients, whether they’re 80 and older or whether they’re truly needy in-between.”

With the changes, CBPP says, “we believe that the chained CPI is a reasonable component of a comprehensive package to put the budget on a sustainable course.”

But wait, aren’t there more progressive ways to change Social Security? Yes, but.

Dylan Matthews yesterday laid out three alternative ways to cut the plan that is far progressive in the economic sense and appealing to progressives in the political sense. Two of the plans are different ways to reduce benefits for the wealthy, while the third option would be to raise or eliminate the tax cap, which prevents any income over about $110,000 from being taxed. These plans would all save far more money than the chained CPI, and do it all by hurting only the rich, unlike the CPI change. Great, right?

There are two major political problems with either approach. The first is in the short term: Republicans will never support raising or eliminating the tax cap as it would be a huge tax increase. Even Democrats would have trouble embracing it, since it would mean raising taxes on people who make under $250,000 a year, whose taxes they’ve promised not to hike.

The second problem is in the long term. Social Security was designed to be not a welfare program but a social insurance program. You get out what you paid into it over many years of working, with only marginal changes to redistribute income downward. Making it a welfare program would undermine the programs long-term political strength.

This was a cornerstone of FDR’s vision for the plan. He had to defend the plan from attacks from the populist left, which called for more aggressive redistribution from general taxation. Some means testing may be possible without transforming the perception of the program into a welfare plan, but it’s a potentially dangerous precedent.

Perhaps the best argument against the chained CPI is that even if it is a more accurate measure of inflation, Congress should not cut benefits because it would be almost impossible to restore or raise them (which is probably what actually needs to happen) through a change in the benefit structure. This would require an enormous congressional fight and Republicans would almost surely kill it, so the current CPI should be preserved, the thinking goes. This is convincing. The only plausible response is a good government argument that the CPI should be used to calculate inflation, not monkey with benefits in a backdoor way.

To Paul Krugman, the plan put forward by Obama is barely acceptable, and anything more would be unacceptable, but he’s not convinced the chained CPI is an outright deal killer.

Since the chained CPI may become a reality, liberals should at least begin thinking critically about it, even if just to decide once again that it is unacceptable.

 

By: Alex Seitz-Wald, Salon, December 19, 2012

December 20, 2012 Posted by | Budget | , , , , , , , , | 2 Comments

“Speaking Ill of the Dead”: Robert Bork, An Unrepentant Reactionary Who Had Boundless Contempt For Modern America

What do you say when a public figure you find repellent dies? Do you hold your tongue, not speak ill of the dead, and wait some decent interval before saying what you really thought of them? After all, there’s no time like their death. Robert Bork died today, and the truth is that in a few months nobody is going to be talking much about his legacy. So now’s the time to weigh in, which Jeffrey Toobin does, in a rather unrestrained way:

Robert Bork, who died Wednesday, was an unrepentant reactionary who was on the wrong side of every major legal controversy of the twentieth century. The fifty-eight senators who voted against Bork for confirmation to the Supreme Court in 1987 honored themselves, and the Constitution. In the subsequent quarter-century, Bork devoted himself to proving that his critics were right about him all along.

Hard to disagree—Bork’s philosophy was a particularly nasty one, and he spent much of his public life expressing his boundless contempt for modern America, particularly the ways it had become more humane than it once was. For all I know he was beloved by his family, and I could offer them my sympathies, but that would be meaningless for them; they don’t know me from Adam.

I think it’s possible to talk honestly about someone’s contributions, and your criticisms of them, without getting needlessly uncivil. For instance, the media provocateur Andrew Breitbart died earlier this year at the young age of 43. That was a personal tragedy for his family and friends. But there are few people who injected as much poison into American politics in as short a time as Breitbart did, and when he died that had to be acknowledged. You don’t have to do that in a vulgar way, of course, but like Bork or anyone else who chooses to participate in a visible way, he chose the life he did.

Being criticized, even harshly, is the price you pay for participating in public life. If you can live with it while you’re alive, you shouldn’t have too much of a problem with having it happen when you die. So even though my death won’t be reported on the evening news, I’d like to state for the record that should anyone want to take the occasion of my demise to remind their audience that in their opinion I was a knave and a fool, go ahead and have at it.

 

By: Paul Waldman, Contributing Editor, The American Prospect, December 19, 2012

December 20, 2012 Posted by | Ideologues, Public Figures | , , , , , , | Leave a comment