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In vast swathes of America, the sacredness of the Second Amendment has become a political third rail, never to be questioned. Gun rights supporters wear tri-cornered hats, wave the stars and stripes, and ask what would have happened if the revolutionaries had been unarmed when the British were coming. They have had great success in conflating unfettered gun ownership with the Founding Fathers, the Constitution, and all things American, even in an era of repeated mass shootings. Yet the all-to-familiar narrative of America's gun past, echoed in the Supreme Court's Heller gun rights decision, is not only mythologized, but historically wrong. As Robert J. Spitzer demonstrates in Guns across America, gun ownership is as old as the nation, but so is gun regulation. Drawing on a vast new dataset of early gun laws reflecting every imaginable type of regulation, Spitzer reveals that firearms were actually more strictly regulated in the country's first three centuries than in recent years. The first 'gun grabbers' were not 1960's Chablis-drinking liberals, but seventeenth century rum-guzzling pioneers, and their legacy continued through strict gun regulations in the 1920s and beyond. Spitzer examines interpretations of the Second Amendment, the assault weapons controversy, modern 'stand your ground" laws, and the so-called 'right of rebellion' to show that they play out in America's contemporary political landscape in ways that bear little resemblance to our imagined past. And as gun rights proponents seek to roll back gun laws and press as many guns into as many hands as possible, warning that gun rights are endangered, they sidestep the central question: are stricter gun laws incompatible with robust gun rights? Spitzer answers this question by examining New York State's tough gun laws, where his political analysis is complemented by his own quest for a concealed carry handgun permit and construction of a legal AR-15 assault weapon. Not only can gun rights and rules coexist, but they have throughout American history. Guns across America reveals the long-hidden truth: that gun regulations are in fact as American as apple pie.
The theory of the unitary executive is one of the most controversial and significant constitutional doctrines of the past several decades. It holds that the U.S. president alone embodies all executive power and therefore has unlimited ability to direct the many people and institutions within the federal government's vast executive branch. It thus justifies the president's prerogative to organize the executive branch and to direct its activities, to tell executive personnel what to do and to fire them if desired, to control the flow of information, and to issue signing statements that make judgments about constitutionality and determine the extent to which laws will be implemented. In some versions, it also endorses implied or inherent powers and permits the president to completely control foreign policy and military action. Proponents say this conception of the presidential office is faithful to the Constitution, facilitates the sort of energetic executive that Alexander Hamilton argued for, and enhances administrative efficacy and political accountability for governance. Critics say this arrangement is constitutionally inaccurate, is belied by historical practice and legal precedents, and is dangerously close to the monarchical power that provoked the American Revolution - and can be especially threatening in the era of Donald Trump. This book examines how controversies about unitary executive power have played out from the founding era to the present day with a focus on recent presidents, it explores arguments both for and against the unitary executive theory, and it looks ahead to future implications for American politics.
The theory of the unitary executive is one of the most controversial and significant constitutional doctrines of the past several decades. It holds that the U.S. president alone embodies all executive power and therefore has unlimited ability to direct the many people and institutions within the federal government's vast executive branch. It thus justifies the president's prerogative to organize the executive branch and to direct its activities, to tell executive personnel what to do and to fire them if desired, to control the flow of information, and to issue signing statements that make judgments about constitutionality and determine the extent to which laws will be implemented. In some versions, it also endorses implied or inherent powers and permits the president to completely control foreign policy and military action. Proponents say this conception of the presidential office is faithful to the Constitution, facilitates the sort of energetic executive that Alexander Hamilton argued for, and enhances administrative efficacy and political accountability for governance. Critics say this arrangement is constitutionally inaccurate, is belied by historical practice and legal precedents, and is dangerously close to the monarchical power that provoked the American Revolution - and can be especially threatening in the era of Donald Trump. This book examines how controversies about unitary executive power have played out from the founding era to the present day with a focus on recent presidents, it explores arguments both for and against the unitary executive theory, and it looks ahead to future implications for American politics.
Spitzer's classic study of presidential power, "The Presidency and Public Policy" examines the annual domestic legislative programs of US presidents from 1954-1974 to show how and in what ways the characteristics of their proposals affected their success in dealing with Congress (success being defined as Congress's passing the presidents' legislative proposals in the forms offered). Presidential skills matter, but Spitzer demonstrates that the successful application of those skills is relatively easy for some policies and next to impossible for others. Certain consistent patterns predominate regardless of who sits in the Oval Office, and to a great extent those patterns prescribe prseidential behavior.
Gun ownership is as old as the nation, but, as Robert J. Spitzer demonstrates in Guns across America, so is gun regulation. In vast swathes of America, the sanctity of the Second Amendment has become a political third rail, never to be questioned, yet by employing new research on early gun laws, Spitzer reveals that firearms were in fact more strictly regulated in the country's first three centuries than in recent years. The first "gun grabbers" were not 1960s Chablis-drinking liberals, but seventeenth century rum-guzzling pioneers, and their legacy continued through strict gun regulations into the 1920s and beyond. Indeed, as gun rights proponents seek to roll back gun laws and press guns into as many hands as possible, warning that gun rights are endangered, they sidestep the central question: are stricter gun laws incompatible with robust gun rights? Spitzer answers this question by examining New York State's tough gun laws, where his political analysis is complemented by his own quest for a concealed carry handgun permit and construction of a legal AR-15 assault weapon. Not only can gun rights and rules coexist, but they have throughout American history. Guns across America reveals the long-obscured truth: gun regulations are in fact as American as apple pie.
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