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Friday, June 27, 2008

 

From dawn's early light to evening twilight, John McCain and his surrogates launched a series of rhetorical fusillades yesterday, celebrating the U.S. Supreme Court's smackdown of the 32-year Washington D.C. handgun ban, while seeking (with limited success) to paint Barack Obama as a waffler who is soft on gun rights.

It was fascinating merely to behold the GOP message machine in overdrive. The first emails were fired off by the Republican National Committee at 8:32 a.m., several hours in advance of the court ruling, calling attention to some unnamed Obama flak who had stated last November that Obama considered the D.C. ban to be constitutional. The Republicans followed up at 10:44, in the wake of the ruling, with details about how a younger Obama had signaled support for a legislative ban on handgun possession while filling out an Illinois questionnaire in 1996.

Nine minutes after that email, John McCain himself weighed in, praising the high court for its ruling that the D.C. handgun ban violated the Second Amendment right-to-bear-arms provision. Thirteen minutes after McCain, Republican headquarters fired off more details about that 1996 questionnaire. Twenty-seven minutes after that GOP missive, a gun-rights group followed up at 11:33 a.m. with a celebratory email of its own. Thirty-seven minutes after that, Republican headquarters was back again. And while all this was going on, the McCain camp was conducting a conference call with reporters, reiterating its Obama-is-soft-on-guns theme - followed by an email transcript of the conference call at 1:33 p.m.

While all this was going on, Obama was saying virtually nothing - for several reasons:

Broadly speaking, Democrats would prefer to avoid the gun issue entirely, because in the recent past they have been successfully demonized as the party that wants to swipe people's guns. Al Gore, it is now believed, lost several key states in 2000 (notably West Virginia, Tennessee, and Arkansas) in part because he was perceived as a foe of gun rights. And, with respect to the 2004 election, it's worth noting that, according to the exit polls, the voters with guns at home broke for George W. Bush over John Kerry by 27 percentage points.

And speaking of Obama, he had indicated in the past that favored strong restrictions on gun possession. That can be partly attributed to his Chicago pedigree. As in Washington, and as in Philadelphia, the political leaders in Chicago believe that restrictionist gun laws can help curb street violence. And urban Democrats, after all, are a key part of Obama's political base. All this helps explain why Obama's spokesman stated last November that the candidate viewed the longstanding D.C. handgun ban as defensible and constitutional.

But the Obama camp felt compelled to walk away from that spokesman's remarks; in advance of the high court ruling yesterday, it signaled that those remarks had been "inartful." Even though Obama himself did acknowledge in February, in response to a press question, that he supported the D.C. ban, it's clear today that he does not want to be seen as a gun-banning absolutist. That image could hurt him politically; after all, he needs to win gun-friendly Michigan and Pennsylvania, and hopes to capture a few of the gun-friendly western states.

So all this explains why Obama didn't break his silence on the high court ruling yesterday until 12:15 p.m. Without addressing whether he thought the D.C. blanket handgun ban had been constitutional, he simply straddled in the broadest sense: "I have always believed that the Second Amendment protects the right of individuals to bear arms, but I also identify with the need for crime-ravaged communities to save their children from the violence that plagues our streets through commonsense, effective safety measures."

The McCain camp tried all day yesterday to paint Obama as a serial flip-flopper on guns, but his recent track record is more nuanced than that. His statement yesterday, for example, is actually quite consistent with what he said during a Democratic debate in Philadelphia two months ago: "As a general principle, I believe that the Constitution confers an individual right to bear arms....(But it is) important for us to reconcile what are two realities in this country. There's the reality of gun ownership and the tradition of gun ownership that has been passed on from generation to generation...But you also have the reality of what's happening here in Philadelphia and what's happening in Chicago."

And that April statement, in turn, is consistent with what he said during a February forum: "We have two conflicting traditions in this country...A lot of people, law-abiding citizens, use (guns) for hunting, for sportsmanship, and for protecting our families. We also have violence in the streets that is a result of illegal handgun use. And so there is nothing wrong, I think, with a community saying, 'we are going to take those illegal handguns off the streets." (Presumably, those are the kinds of gun-ban measures that Obama defines as "commonsense.")

All told, it's questionable whether the GOP fusillade (the party was still at it again this morning, at 9:32) will prompt gun-friendly swing voters to flee Obama. He has probably denied McCain the sharp ideological contrast that McCain dearly wants. Besides, there's absolutely no evidence that the issue of gun rights will drive this election, in a year when kitchen-table economic issues and the Iraq war trump virtually all other concerns.

In a sense, McCain's day-long salute to the high court ruling wasn't even aimed at Obama. It was an attempt to stoke the ill-enthused Republican base, to serve up some red meat and reassure those folks that McCain is one of them. Remember, McCain once broke with the NRA to support requiring background checks at gun shows, and such heresies are never forgotten. As conservative leader Grover Norquist complains today in the Financial Times newspaper, "Republicans are listless" about this election. The GOP's message overdrive yesterday (and again this morning, starting at 9:32) is really about the party staging a pep talk with itself.

-------

Meanwhile, about the high court ruling itself...

Have you noticed that, whenever Republicans don't like a judicial decree, they complain about how "unelected judges" are "legislating from the bench" by ignoring the literal wording of the Constitution, thus imposing "judicial tyranny" on the people's elected officials, who should be free to enact policy as they see fit without any meddling from the robed brethren?

Well, take a look at the ruling that overturns the D.C. handgun ban. The majority, led by Antonin Scalia, ignored the literal meaning of the Constitution. The Second Amendment has no wording whatsoever about an individual right to bear arms, or individual home-defense; the amendment talks only about the collective security of "the people," led by "a well-regulated militia." Having thus legislated from the bench, the Scalia majority threw out a law enacted by the people's elected officials.

But since McCain and his surrogates got the policy outcome they desired, suddenly they have no qualms about unelected judges who stray from the literal meaning of the Constitution and appear to legislate from the bench.

Conservatives are also supposed to respect legal precedent, not topple it. Yet, in this ruling, the Scalia majority ignored legal precedent; dating back to 1939, the high court had never unearthed an individual's right to bear arms in the Second Amendment language. Yet now it has. Again, not a peep yesterday or today from the right-leaning advocates of "strict constructionism."

In the end, however, Barack Obama might actually benefit from this hypocrisy. The Scalia majority has provided him with political cover. From this point forward, whenever anybody charges that Obama intends to take people's guns away, he can merely reply, "Nobody can take your guns away. The Supreme Court has now ruled that it can't happen." 

 

Posted by Dick Polman @ 10:40 AM  Permalink | 42 comments
Comments   
Posted 11:03 AM, 06/27/2008
celtic_13
5-4 decisions should be banned. It makes for a lazy Supreme Court that only has to convince one justice to come to their conclusion, especially with the current composition of the Court. 6-3 at a minimum for issues as important as these and the others that the Court hears.
Posted 11:21 AM, 06/27/2008
bon
Krauthammer noticed the same thing about the ruling. He noted that the liberal dissenters was employing the very "originalist" rhetoric that they often decry as outdated when it comes from conservatives. I, personally, love the liberal justices' use of such argumentation, but their conclusion was just wrong in this case. ----- I also beg to differ as to who provided Obama cover. It was the press, whether intentionally or unintentionally, that provided Obama cover. Not a single member of the media managed to get a straight answer out of Obama regarding the DC ban. He managed to get through two years (essentially) of campaigning for president without being forced by the press to take a position on the most important second amendment case since our country began. Obama played the press, and now he is able to triangulate his position on guns. Honestly... it is quite shameful.
Posted 11:34 AM, 06/27/2008
bon
Another take on Obama's triangulation: http://marcambinder.theatlantic.com/archives/2008/06/on_gun_control_obama_has_a_dif.php
Posted 11:36 AM, 06/27/2008
TomBlair
Well I notice you liberals are being pretty quiet about your Supreme Court victory yesterday - throwing out the death penalty for people who rape children.
Posted 11:50 AM, 06/27/2008
bon
celtic: That would mean no Habeus for enemy combatants. I don't like the DC gun ban, but given the challenges we face I would be glad to exchange those two rulings. :)
Posted 12:17 PM, 06/27/2008
Gibba Mang
Tom...there are "liberals" who agree with the right to bear arms as well as the right to impose reasonable limitations. I have no problem with the SC's ruling on this. And I do disgree with the SC on the decision regarding the DP for child rapists. All that being said, the Republicans have completely trashed this country over the past 7.5 years and Mr. McSame is just another 4 years of failure. Obama in '08 for change!
Posted 12:22 PM, 06/27/2008
tom - wilmington, de
"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." Gee, seems like the amendment says, unlike stated in the above post, people can keep guns. This is a more explicit statement than other rulings of the court that liberals laud, such as "the right to privacy" used to support abortion rights (nowhere in the Constitution), habeus corpus rights for enemy combatants (nowhere in the Constitution), rulings based on "a consensus of states" such as Kennedy used in the death penalty for child rapist ruling. So when judges legislate from the bench by making up what the Constitition states, that is okay. But a ruling based on what the Constitution actually states, that is judicial activism? Diane Feinstein railed against the court yesterday....not mentioned in this post. Justice Stevens laughingly accused the court of creating a right where none exists (he should read some of his own opinions for an example of that). Today's post is laughable.
Posted 12:30 PM, 06/27/2008
mike l
I didn't know that there were liberal or conservative victories by the SC, tom. Only victories for the American people. Death for child rapists is an emotional decree. Frankly, a long, or life prison term for a child molester is more than death. The general prison population consider child molesters/rapists garbage and treat them as such. I'd much rather see them used as some guy's "bitch" for the rest of their lives.
Posted 12:34 PM, 06/27/2008
Christine
Mr. Polman: You write: Well, take a look at the ruling that overturns the D.C. handgun ban. The majority, led by Antonin Scalia, ignored the literal meaning of the Constitution. The Second Amendment has no wording whatsoever about an individual right to bear arms, or individual home-defense; the amendment talks only about the collective security of "the people," led by "a well-regulated militia." Having thus legislated from the bench, the Scalia majority threw out a law enacted by the people's elected officials. Would your reasoning that there is no "literal" or "explicit" individual right to bear arms be equally applicable in the abortion arena where there is no single amendment that has anything to do with pregnancy, and yet, out of the penumbral shadows, Blackmun plucked a right to abortion? If that is not legislating from the bench, what is? The 2A is quite clear, as Scalia and Tom from Wilmington meticulously noted. Compared to Blackmun and the liberal justices who care about 'context' (but only when it advances their agenda) Scalia is honoring the constitution. I usually think that you are a fair dealer, and at least try and give a balanced rendering of the events. This time, with all due and sincere respect, you failed miserably.
Comment removed.
Posted 01:22 PM, 06/27/2008
t_dmanns
This issue won't drive this election cycle. If you want to own a gun, fine. Just try not to shoot me as I walk down Market St. Also, if the constitution was meant to be read verbatum like a cook book, it wouldn't mandate a judical branch to interpret it.
Posted 01:28 PM, 06/27/2008
djoseph
When "gun rights" advocates are willing to start volunteering in inner cities to help keep our neighborhoods and kids safe from violence, then I will start listening to their abstract arguments. They are nothing but self-ish, while children die. It's been shown over and over that a handgun in the home leads to far more accidental deaths of family members than to the deterence of intrduders. People who cheer this value an abstraction based on something written 230 years ago over actual families who lose children, mothers, fathers and siblings every day and who live in fear of flying bullets every day. People who cheer this hypocritically accept all kinds of restrictions on dangerous objects and substances in their lives every day yet selectively lift restrictions on guns above all else. Further, the Court case is the result of a completely artificial effort on the part of one ideologically-driven individual, not some broad, deliberate, democractic process. Robert Levy, the lawyer from the libertarian Cato Institute singlehandedly bankrolled and pushed this thing all the way to the Supreme Court to satisfy his own obsessions and, presumably, sense of importance. The first five plaintiffs that Levy searched for and propped up for this case were dismissed by the Court as lacking standing. Has Levy ever feared for his children as they played in homes where there could be guns? Does Levy live in a neighborhood where "legal" guns are easy to get and kill innocent people every day? I wonder how Levy would sleep at night if he were haunted by the sight of his child laying dead from a gun accident, as tens of thousands of parents are haunted. And how does the Cato Institute reconcile its efforts to promote more guns in the world with its mission of promoting "traditional American principles" including "peace"? And finally, how is the Cato institute which is a non-profit, tax-exempt organization allowed to engage in this kind of overtly political work?
Posted 01:28 PM, 06/27/2008
djoseph
When "gun rights" advocates are willing to start volunteering in inner cities to help keep our neighborhoods and kids safe from violence, then I will start listening to their abstract arguments. They are nothing but self-ish, while children die. It's been shown over and over that a handgun in the home leads to far more accidental deaths of family members than to the deterence of intrduders. People who cheer this value an abstraction based on something written 230 years ago over actual families who lose children, mothers, fathers and siblings every day and who live in fear of flying bullets every day. People who cheer this hypocritically accept all kinds of restrictions on dangerous objects and substances in their lives every day yet selectively lift restrictions on guns above all else. Further, the Court case is the result of a completely artificial effort on the part of one ideologically-driven individual, not some broad, deliberate, democractic process. Robert Levy, the lawyer from the libertarian Cato Institute singlehandedly bankrolled and pushed this thing all the way to the Supreme Court to satisfy his own obsessions and, presumably, sense of importance. The first five plaintiffs that Levy searched for and propped up for this case were dismissed by the Court as lacking standing. Has Levy ever feared for his children as they played in homes where there could be guns? Does Levy live in a neighborhood where "legal" guns are easy to get and kill innocent people every day? I wonder how Levy would sleep at night if he were haunted by the sight of his child laying dead from a gun accident, as tens of thousands of parents are haunted. And how does the Cato Institute reconcile its efforts to promote more guns in the world with its mission of promoting "traditional American principles" including "peace"? And finally, how is the Cato institute which is a non-profit, tax-exempt organization allowed to engage in this kind of overtly political work?
Posted 02:16 PM, 06/27/2008
bon
djoseph: Obama, in his own words, now supports the rights of individuals to own handguns. He and McCain both want some restrictions. (McCain helped push through a bill to close the gun show loophole and supports mandatory waiting periods too.) It is odd that in two days Obama found himself twice backing the justices he voted against conforming, isn't it? ----- If you feel that strongly about gun I am sure Ralph Nader wants them banned. Aside from that, politically, this is a gun owner's nation.
Comment removed.
About Dick Polman

Cited by the Columbia Journalism Review as one of the nation's top political reporters, and lauded by the ABC News political website as "one of the finest political journalists of his generation," Dick Polman is a national political columnist at the Philadelphia Inquirer. He is on the full-time faculty at the University of Pennsylvania, as "writer in residence." Dick has been a frequent guest on C-Span, MSNBC, CNN, NPR and the BBC. He covered the 1992, 1996, 2000, and 2004 presidential campaigns.

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All commentaries posted before April 18, 2008, can be accessed at www.dickpolman.blogspot.com.