5.3 From Bill to Law

Do Now: What makes a “right” a “right?” Can our “rights” be changed?

The Process

Writing: Representatives or Senators submit legislation (written by themselves or others)

Committee: Possible legislation is heard, debated and edited by committees. Committees submit a bill to the floor

Debate and Vote: The House/Senate votes as a whole on the possible law

Signed into Law: The President signs or vetoes (or pocket vetoes) the bill.

The Process

Filibuster: Talking a bill to death. (Sen. Strom Thurmond of S. Carolin spoke for 24 hours and 18 minutes)

Cloture: When 60 of the 100 senators vote to end another members privilege to speak on the floor, effectively ending the filibuster.

Veto: The President must sign a law for it to take effect. If he rejects the bill, he vetoes it. If the President does not sign a bill before the congressional session ends (he has 10 days) then he is said to have used his “Pocket Veto.”

Gun ControlA Nation Divided

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Should we have more gun control?

YesNo

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Do you view gun control as a gray area or as a simple, black and white constitutional issue?

GrayBlack and White

The 2nd Amendment

“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.”

The 2nd Amendment

•Many court cases have revolved around the 2nd

•Most have defined this as an “individual right” which separates it from the context of militia.•The Supreme Court has also state that “bear arms” does not just refer to military use.

The Current Climate

•42% of households own gun(s) (Gallup 2005)•41% of republicans own gun(s) (Gallup 2005)•23% of democrats own gun(s) (Gallup 2005)•307 Million people in US (US Census 2010)•300 Million guns in US (Wellford 2005)

Current Limits on Ownership

•Felons (punishable by more than 1 year in prison)•Misdemeanors (punishable by more than 2 years)•Fugitives from the law•Users of controlled substances•People ruled “mentally defective” or committed•Illegal aliens•Dishonorably discharged from military•Domestic violence perpetrators

The Gun Buying Process (Texas)

•Must be 18 to own a gun•Must be 21 to buy a handgun from a dealer•BATFE Form 4473•NCIS background check•Proof of identity/age required•Concealed Permit required to carry handgun

Gun Control: The Argument For

What kind of control?

Gun control advocates come in more flavors than Baskin Robbins. A few common proposed reforms are listed below.

•Ban all guns•Ban assault rifles•Ban handguns•Limit magazine capacities•Have more rigorous licensing and registration processes

Gun Control: The Argument For

•5% of the population, 50% of the civilian guns•In robberies or assaults where the perpetrator has a gun, victims are much more likely to die (Roth, 1994)•60% of murders victims were killed with firearms (Roth, 1994)•Residents of a home with a gun are 5 times more likely to experience suicide (Kellerman, 1992)•Households with guns are 2.7 times more likely to experience murder than those without (Kellerman, 1992)

Gun Control: The Argument Against

Gun Control: The Argument Against

•2nd amendment, Tuh!•Americans frighten away intruders with guns 498,000 times a year (CDC 1994)•40% of male felons had decided to stop a crime because they knew the victim was packin’ heat (Wright, 1982)•83% of Americans will be victims of attempted violent crime at some point in their life (Justice Dept. 1985)•Studies of gun control show an initial increase in homicides after laws are enacted

Using Case Studies

Many people try to use case studies, or areas where guns have been controlled more heavily, to see what the results would be on the US. (Often quoted: Chicago, New York City, UK, Australia)

There are a number of problems with this method: First, there are entirely too many variables affecting violence rates to control for only the effects of gun control. Second, countries report their own violence rates and some measure differently than others. Sometimes a country changes the way in which they measure their own.

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GunsBulletsAngry ConservativesPro-Choice Liberals

5.3 Writing Assignment

Should we have more gun control?

If so, What kind of gun control?

If not, explain why gun control is a bad idea.