TITLE

Federalism Under the Gun

AUTHOR(S)
Healy, Gene; Levy, Robert A.
PUB. DATE
September 2002
SOURCE
Human Rights;Fall2002, Vol. 29 Issue 4, p23
SOURCE TYPE
Periodical
DOC. TYPE
Article
ABSTRACT
This article focuses on the stand taken by the gun rights supporters in the U.S. Gun rights supporters in the U.S. Congress are engaged in a dubious trade-off: to save the Second Amendment, they have decided to undermine the Tenth. For two years running, the Congress has appropriated funds for President George W. Bush's key crime-fighting program, Project Safe Neighborhoods, which is designed to ward off calls for additional gun control by ramping up enforcement of the gun laws already on the books. Meanwhile gun rights supporters in the Congress want to use federal power to reform state tort law. They are pushing legislation that would shield firearm manufacturers and sellers from ongoing municipal lawsuits over gun violence. Led by the City of Chicago, a number of municipalities have filed suit against gun manufacturers for damages incurred due to the misuse of guns by the criminals. A broad coalition of gun rights supporters in Congress wants to quash these suits with federal tort reform. According to the tort reform bills pending in both the House and Senate, the answer is the all-purpose Commerce Clause. As the bills' supporters view it, the lawsuits interfere with interstate commerce and therefore, Congress has the authority to strike them down.
ACCESSION #
8779452

 

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