Has the Supreme Court Legitimized Armed Insurrection?

The scary idea of insurrectionism may have been given a boost by the Supreme Court, according to a new and disturbing book by Joshua Horwitz and Casey Anderson, entitled Guns, Democracy and the Insurrectionist Idea, published by the University of Michigan Press. They argue that in the landmark Heller v. D.C. case of 2008, the majority ruling went far beyond the individual gun rights argument and opened the door to the (previously radical fringe) “insurrectionist” argument that citizens have a right to arm themselves to counter government tyranny. The authors make a strong case that this has potential to undermine Constitutional government, the rule of law, and democracy itself.

I raised similar concerns in chapter 3 of The End of the American Century, on the “Torn Social Fabric,” one important component of which was the huge number of violent crimes in the U.S., and the concomitant prevalence of some 200 million privately owned firearms. There, I raised particular concern about the minority of gun owners who believe that gun ownership provides an extra check on the government itself. As I wrote there ( p. 58):

“They see the Second Amendment to the Constitution as an implicit right of armed Americans to forcibly overthrow the federal government if they view it as tyrannical. It is hard to imagine any constitutional document, especially one with so many democratic checks and balances built into it, providing for its own violent overthrow. But many Americans seem to believe this—yet another reason why the United States is increasingly seen around the world as swimming against the tide of modern civilization.”

Horwitz and Anderson note that when they began writing their book several years ago, this insurrectionist idea was considered marginal, radical, and probably even treasonous. (Article III of the Constitution, in fact, considers levying war against the United States to be treason.) But the Supreme Court’s ruling in the D.C. case has given the insurrectionist idea more stature and respectability, and brought it into the mainstream. Horwitz and Anderson believe that this is a very dangerous precedent, potentially giving cover to those who would forcefully overthrow the U.S. government.

I share their concerns, and believe these concerns have become even more germane in the polarized and radicalized atmosphere of the last few years. Fox News stirs up hatred of the government, and calls into question its very legitimacy. The election of Barack Obama, ironically, has emboldened racists and bigots of all stripes, and led to a huge spike in the number of threats of violence against the President and the government itself.

In their conclusion, Horwitz and Anderson urge that “the Insurrectionist idea should be vigorously challenged by citizens in the court of public opinion and now, after Heller, in courts of law as well.” Among their recommendations for action is “occupying the common ground” with the majority of gun owners who are not Insurrectionists. In my mind, this solution is part of a broader need in the United States—for Americans to find the middle ground, and to isolate and marginalize those who preach hate, violence and intolerance.

Guns on Campus Would Add to the Mayhem

One of the themes of The End of the American Century is the exaggerated and destructive aspects of "American Exceptionalism"--the tendency for Americans to see themselves as exceptional, different and better than other peoples and countries. This takes extreme form in the combination of individualism and violence in this country, which is manifested in the peculiar (and exceptional!) obsession with individual gun ownership. The prevalence of firearms in the U.S.--almost as many as there are people--contributes to some 30,000 firearm deaths each year, and a homicide rate that is far higher than any other industrialized country.

For people in other countries, the levels of violence and the prevalence of guns in the U.S. invoke both amazement and horror. Global opinion surveys show that the two most common negative characterizations of Americans by foreigners are "greedy" and "violent." They contribute to the growing disillusionment with the U.S. (and with American citizens) in other countries, and to the view of the U.S. as being violent both in its foreign policy and inside its own borders.

In recent years, the National Rifle Association (NRA) has been pushing for the adoption of "conceal carry" laws in the states, and lately has been arguing for laws that would allow more guns on college campuses. They claim to see this as a way to avoid tragedies like those at Virginia Tech where a student killed 32 people in 2007. But few experts believe that arming students could prevent such a tragedy, and that it will simply lead to an increase in campus firearms injuries and deaths.

The NRA-sponsored bill in my state, Indiana, was introduced by a lifelong NRA member who wrote a letter to the Indianapolis Star arguing in support of the bill, Senate Bill 12. Below is my response to his letter, which appeared on the Star's website at the following link.

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Nothing positive to gain from guns on college campuses

Posted: February 13, 2009

In his recent letter to the editor, state Sen. Johnny Nugent contends that "allowing guns will make our campuses safer." He is a sponsor of Senate Bill 12, which would "prohibit a state college or university from regulating in any manner the ownership, possession, carrying, or transportation of firearms or ammunition." Nugent believes that

"the only thing that can stop a bad guy with a gun is a good guy with a gun."

It would seem, though, that the best people to ask about security and safety on campus are the campus safety and police departments. Nugent would find that they overwhelmingly oppose this measure, as would almost all faculty and staff on campuses (as I am). Butler University Public Safety Director is Ben Hunter was formerly an officer with the Indianapolis Police Department. When I asked Hunter his views on this, he wrote "I am against the idea of carrying weapons on campus" and continued as follows:

"As a lifelong supporter of responsible gun ownership, I can attest that educational institutions and employers should be allowed to regulate their buildings and properties. Having students, faculty and staff possibly carrying guns on campus could result in accidental discharges, a false response to a threat and untrained persons that create an operational danger for (police). Proponents of such legislation will often talk about how well trained persons can assist with these threats; the only issue is that their training does not come close to what police officers are required to undertake."

College campuses are already much safer than the community in general, with far lower levels of both homicides and suicides. Surely, this is due, in part, to the prohibition of guns by most universities. Probably the biggest consequence of allowing guns on campus would be an increase in the incidence of suicide. Suicide is already the third leading cause of death for Hoosiers of college age, but suicides are much less common on college campuses than off. Since the most common means of death in suicides is a gun, increasing the number of guns on campus will only make suicides more likely.

Before pushing this law onto colleges and universities, our legislators should consult with those who are most familiar with the situation: the public safety departments, mental health professionals, and the deans of student life. I can't imagine that any of them would want to see more guns on campus.