| One person’s “reasonable and sensible” gun laws
aren’t always another’s. So when Rudy Giuliani recognizes that the
Second Amendment guarantees people the right
to bear arms subject to “reasonable and sensible” laws, it really
doesn’t tell us much. Yet one thing is for sure though: Giuliani is
hardly a “strict constructionist” on constitutional matters, at least
when it comes to the Second Amendment. It is a long ways from “shall not
be infringed” to “shall infringe whenever Congress has a ‘reasonable
and sensible’ justification.”
For those who support the Second Amendment, the main problem is that
Giuliani has rarely met a gun regulation he didn’t see as “reasonable
and sensible.” In 2000, he pointed out how he was “a very strong
supporter of gun-control legislation” and called for everything from
federal gun-licensing and registration to banning guns based upon their
price.
Only in the last couple of months has he finally gone on the record as
opposing a gun law: he came out against re-imposing the assault-weapons
ban. Yet he originally supported this law when it was first adopted, and
he wanted it renewed as recently as 2004, when it expired.
His support for all these gun laws isn’t too surprising given his belief
that “the single biggest connection between violent crime and an
increase in violent crime is the presence of guns in your society . . . .
the more guns you take out of society, the more you are going to reduce
murder. The less guns you take out of society, the more it is going to go
up.”
Giuliani is justifiably proud of New York City’s dramatic drops in
violent crime during the 1990s, but his claim that “the single
biggest” factor was taking guns off the street is weak, to say the
least. There is no academic research by economists or criminologists that
indicates that gun control mattered at all. But there are other more
obvious explanations, including the massive increase in the number of
full-time sworn police officers, which grew from 26,844
in 1990 to 55,408 by 2000. The growth in the per capita number of
officers in New York City was roughly five times the rate in other large
cities. The city also greatly improved its hiring standards and increased
officer pay.
Giuliani’s rationalizing of New York City’s suit
against the gun makers also tells something about his views. In
justifying the lawsuit, Giuliani claimed that the gun makers were “deliberately
manufacturing many more firearms than can be bought for legitimate
purposes of hunting and law enforcement.” He refused to acknowledge
any other legitimate uses for guns, including civilians using guns for
self-defense. His statements frequently sounds as if they came directly
from the Clinton administration during the 1990s.
Without accepting the possibility of self-defense, it is not surprising
that he doesn’t see any risks to laws that mandate trigger locks or ban
inexpensive guns. Locking up guns defeats their purpose for people using
them for defense. A lot of gangs may like inexpensive guns, but so too do
poor law-abiding people in high-crime urban neighborhoods.
The one saving grace for many social conservatives is Giuliani’s promise
to appoint judges who are strict constructionists. In an interview with
Sean Hannity, Giuliani noted,
“I appointed over 100 judges when I was the mayor — so it’s
something I take very, very seriously — I would appoint judges that
interpreted the Constitution rather than invented it, understood the
difference between being a judge and being a legislator.” But
conservatives counting on this might be more than a little disappointed: At
least 89 percent of Giuliani’s nominees were Democrats, with some
pretty outlandish decisions that no one would classify as fitting in with
“strict constructionism.”
The one thing that Giuliani probably does have going for him is that, on
the gun issue, his opponents are either even worse (John
McCain) or possibly no better (Mitt Romney, who supports renewing the
so-called “assault-weapons ban” and who signed into law draconian gun
legislation while governor of Massachusetts). That would all change
dramatically if former Senator Fred Thompson were to enter the race.
Thompson has been rock solid on people’s right to defend themselves.
Giuliani has many positive traits, but his past positions on guns isn’t
one of them. |