Tuesday, March 27, 2018

Repeal the Second Amendment



The Editors

February 12, 2013

Plagued by rising levels of violent crime, in the autumn of 1976 the District of Columbia enacted one of the nation’s toughest gun control laws. The law effectively banned handguns, automatic firearms and high-capacity semiautomatic weapons. Police officers were exempt from the provisions of the law, as were guns registered before 1976. Over the following decade, the murder rate in Washington, D.C., declined, then increased, shadowing a national trend. Overall, however, the new law helped to prevent nearly 50 deaths per year, according to one study published in The New England Journal of Medicine. “We knew there were problems we couldn’t wipe out,” said Sterling Tucker, chair of the district council at the time, as he reflected on the law 22 years later. “But we had a little more control over it.”

On June 26, 2008, in a closely watched, far-reaching decision, the Supreme Court of the United States struck down the D.C. law, ruling that it violated the Second Amendment to the U.S. Constitution, which states: “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.” In the court’s majority opinion, Associate Justice Antonin Scalia wrote: “We are aware of the problem of handgun violence in this country, and we take seriously the concerns raised by the many amici who believe that the prohibition of handgun ownership is a solution.... But the enshrinement of constitutional rights necessarily takes certain policy choices off the table.”

Justice Scalia was right. Even those who subscribe to methods of constitutional interpretation other than Mr. Scalia’s brand of modified originalism must concede the basic point: The Second Amendment impedes the power of the government to regulate the sale or possession of firearms. Unfortunately, the grim consequence of this constitutional restriction is measured in body counts. The murder of 20 elementary school children and six adults in Newtown, Conn., in December was merely the latest in a string of mass shootings: Virginia Tech, Fort Hood, Tucson, Aurora, Oak Creek. In the last 30 years, there have been 62 mass shootings (each leaving at least four people dead) in the United States. Since the 1999 shooting at Columbine High School in Columbine, Colo., there have been 130 shootings at schools; nearly half involved multiple deaths or injuries.

True, stricter gun laws would not have prevented all these tragedies. But it is very likely that stricter measures could have prevented at least some of these incidents and could have minimized the number of casualties involved. Two facts should be kept in mind. First, the easier it is to get a gun, the easier it is to make use of one. Second, a violent act involving a gun is far more likely to result in fatalities or multiple casualties than a violent act involving some other type of weapon. The notion, therefore, that there is no meaningful correlation between the nation’s relatively lenient gun control laws and the extent of the nation’s gun violence simply defies common sense. It also contradicts the empirical evidence. Experts at the Harvard School of Public Health found that when gun availability increases, so do gun homicides. In the United States, there are approximately 300 million guns in civilian hands, the highest per capita rate in the world (88.8 guns per 100 residents, well ahead of Yemen, No. 2 with 54.8). Though the United States represents less than 5 percent of the global population, Americans own 40 percent of the world’s civilian-owned firearms.

Each year in the United States, approximately 30,000 people, or 80 per day, die from gun violence. True, guns do not kill people; people kill people. In the United States, however, people kill people by using guns. The murder rate in America is 15 times higher than in other first-world countries; the majority of these murders are committed with guns. As for the notion that guns are necessary in order to defend oneself from an intruder with a gun: One study of three U.S. cities revealed that injuries involving guns kept at home almost always resulted from accidental firings, criminal assaults, homicides and suicides by the residents, not self-defense scenarios. In October the American Academy of Pediatrics reminded us, “The safest home for children and teens is one without guns.”

The facts, however, do not appear to shake a deeply held American belief in the near-unconditional use of force as a means to an end. The culture of violence in America has spawned a deadly syllogism: Guns solve problems; we have problems; therefore, we need guns. Yet consider the tragedy in Aurora. Imagine if just 10 other people in that movie theater had been carrying guns. In the confusion of the onslaught, would fewer people or more people have died when those 10 other people opened fire in the dark? More important, is this really the kind of world we want to live in, a world in which lethal power can be unleashed at any moment at any corner, in any home, in any school?

We do not have to live in such a world. Both Australia and Britain, for example, experienced gun massacres in 1996 and subsequently enacted stricter gun control laws. Their murder rates dropped. Yet in the United States, the birthplace of pragmatism, our fundamental law proscribes practical, potentially life-saving measures.

Americans must ask: Is it prudent to retain a constitutionally guaranteed right to bear arms when it compels our judges to strike down reasonable, popularly supported gun regulations? Is it moral to inhibit in this way the power of the country’s elected representatives to provide for the public safety? Does the threat of tyranny, a legitimate 18th-century concern but an increasingly remote, fanciful possibility in the contemporary United States, trump the grisly, daily reality of gun violence? The answer to each of these questions is no. It is time to face reality. If the American people are to confront this scourge in any meaningful way, then they must change. The Constitution must change. The American people should repeal the Second Amendment.

We acknowledge the gravity of our proposal. The Bill of Rights enumerates our most cherished freedoms. Any proposal to change the nation’s fundamental law is a very serious matter. We do not propose this course of action in a desultory manner, nor for light or transient reasons. We also acknowledge that repeal faces serious, substantial political obstacles and will prove deeply unpopular with many Americans. Nevertheless, we believe that repeal is necessary and that it is worthy of serious consideration.

Our proposal is in keeping, moreover, with the spirit in which the Constitution was drafted. The Bill of Rights belongs to a document that was designed to be changed; indeed, it was part of the genius of our founders to allow for a process of amendment. The process is appropriately cumbersome, but it is not impossible. Since its adoption in 1787, the American people have chosen to amend the Constitution 27 times. A century ago, leaders like Theodore Roosevelt and Woodrow Wilson raised serious questions about the Consti-tution. Amendments soon followed, including provisions for a federal income tax, the direct election of U.S. senators, women’s suffrage and the prohibition of alcohol. The 21st Amendment, which repealed prohibition, established the precedent for our proposal.

Yet that kind of thoughtful, critical engagement with our fundamental law, the kind of spirited debate that characterized early 20th-century America, is not evident in contemporary American discourse. In the national imagination, the Constitution is too often thought of as a kind of sacred text. Yet neither our founders nor our forebears held to that view. The Constitution is mere human law. It is excellent law, but it is not divine law; it is not revelation. We should be wary of amending the Bill of Rights. We should also be wary of idolizing it. The Constitution is the man-made law of a self-governing people; the people, therefore, are entitled to ask basic, critical questions about it. In our time, is a given constitutional provision a good law or a bad law? Does it promote the common good? The secular dogma of constitutional immutability must yield to careful, critical inquiry.

In the most comprehensive statement on gun violence to come from the U.S. bishops’ conference, in 1975, a committee identified “the easy availability of handguns in our society” as a major threat to human life and called for “effective and courageous action to control handguns, leading to their eventual elimination from our society” with “exceptions…for the police, military, security guards” and sporting clubs. While this course of action, as the District of Columbia discovered, is constitutionally proscribed, reasonable restrictions on handguns are morally licit in the Catholic tradition. Indeed, we may have a moral duty to enact such laws.

In a recent interview, Tommaso Di Ruzza, the expert on disarmament and arms control at the Pontifical Council for Justice and Peace, explained that an individual does not possess an absolute natural right to own a lethal weapon: “There is a sort of natural right to defend the common interest and the common good” by the limited use of force, but this applies more to nations with an effective rule of law, not armed individuals. In the wake of Newtown, Cardinal Timothy M. Dolan said that “the fight for greater gun control in the country” is a pro-life position. “The unfettered access to assault weapons and handguns, along with the glorification of violence in our ‘entertainment’ industry…is really all part of a culture of death,” Cardinal Dolan said.

Repealing the Second Amendment will not create a culture of life in one stroke. Stricter gun laws will not create a world free of violence, in which gun tragedies never occur. We cannot repeal original sin. Though we cannot create an absolutely safe world, we can create a safer world. This does not require an absolute ban on firearms. In the post-repeal world that we envision, some people will possess guns: hunters and sportsmen, law enforcement officers, the military, those who require firearms for morally reasonable purposes. Make no mistake, however: The world we envision is a world with far fewer guns, a world in which no one has a right to own one. Some people, though far fewer, will still die from gun violence. The disturbing feeling that we have failed to do everything in our power to remove the material cause of their deaths, however, will no longer compound our grief.

The Supreme Court has ruled that whatever the human costs involved, the Second Amendment “necessarily takes certain policy choices off the table.” The justices are right. But the human cost is intolerable. Repeal the Second Amendment.

This article also appeared in print, under the headline "Repeal the Second Amendment," in the February 25, 2013 issue.



America Magazine is the Official magazine of the Society of Jesus (the Jesuits) of the United States of America.

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