Newswise — University of Notre Dame Law Professor Richard W. Garnett, who specializes in Constitutional law and who clerked for former Supreme Court Chief Justice Rehnquist, says...
"The Obama Administration's proposals should be evaluated with three simple, but important, points in mind: First, the Constitution of the United States protects the right to own and possess firearms. The Supreme Court has made this clear in recent years. It is also clear, though, that this right -- like the freedom of speech protected by the First Amendment, for example -- is not absolute and that governments retain some power to reasonably regulate guns. At this point, however, it is not entirely clear how far-reaching this power is. We should certainly expect the arguments -- and the litigation -- to continue. Second, the national government's power is divided among the three branches of government. Under our Constitution, the president 'executes,' or carries out,' the laws that Congress enacts. Of course, the president necessarily has some discretion and leeway when it comes to interpreting and applying federal law and to making the rules that guide agencies and officials. Nevertheless, it is primarily the role of Congress, and not the president, to identify the lines between unlawful and lawful use, possession, and sales of guns. Finally, the fact that Congress has not acted at the time or in the ways that the president would like does not give the president any new power or authority. Congress' power to make laws includes the power to decide not to make laws, and while frustration with Congress might result in new representatives, it does not increase presidential power. A number of the proposals unveiled by the Administration on Monday were not actually new and involve administrative and regulatory processes that have been underway for some time." Garnett is available for further comment at 574-631-6981 or [email protected].
RSS