Robert James Spitzer (born September 12, 1953) is an American political scientist, commentator, and author. Spitzer is the author of numerous books, articles, essays, papers, and op-eds on many topics related to American politics. His areas of specialty include the American presidency and gun politics. [1] [2] [3] [4] [5]
Spitzer is a distinguished service professor emeritus of the political science department at the State University of New York (SUNY) at Cortland. [4] [6] He taught at SUNY Cortland from 1979 to 2021 and as a visiting professor at Cornell University for thirty years. At Cortland, he has served as chair of the Political Science Department from 1983–1989, 2005–2006, and from 2008 to 2020. He served as a member of the New York State Commission on the Bicentennial of the U.S. Constitution from 1986–1990. At Cortland, he taught many courses in the political science department, including Introduction to American Politics, The American Presidency, the Legislative Process, and Gun Policy.
In 1983 Spitzer's first book, The Presidency and Public Policy, challenged the model for presidential success espoused by Richard E. Neustadt with a policy approach based on Theodore J. Lowi's "arenas of power." Spitzer argued that the type of policy proposed by a president, not personal political skill, shaped the president's success in Congress. Michael A. Genovese felt "a more explicit application" to Lyndon Johnson's and Ronald Reagan's early years would have improved Spitzer's study, but otherwise gave it a collegial thumbs-up. [7]
Prior to 1988's The Presidential Veto, there had been no analytical, book-length account of the subject in almost 100 years. Spitzer's work examines its history and concludes that the presidential veto has lost the revisionary power as the Founder's understood it at the Constitutional Convention. Melvin A. Kulbicki called the book an excellent text and a "well-written blend of theory and practical politics." [8]
Spitzer served as president of the Presidency Research Group of the American Political Science Association from 2001-2003. [9]
Since the 1980s, Spitzer has written books, spoken at public gatherings, written articles for newspapers, and appeared on numerous radio and television shows about gun control. [10] [11] His written work on the subject has appeared in the Washington Post [12] and the New York Daily News. [13] He has appeared on NPR's Fresh Air With Terry Gross [14] and on MSNBC's Countdown with Keith Olbermann. [15]
After former president Jimmy Carter wrote an op-ed about the 1994 assault weapons ban, [16] the New York Times asked its readers, "Where do you stand on assault weapons?" Spitzer replied that one approach to "breaking the political deadlock over gun control" would be to treat it like international arms relations and "renounce disarmament but embrace arms control, especially for weapons of military origin." [17]
Prior to and since the United States Supreme Court rulings in District of Columbia v. Heller (2008) and McDonald v. Chicago (2010), Spitzer also argues that history and prior law do not support the individualist interpretation of the Second Amendment reflected in these two recent court rulings. [18] Since the cases were handed down, he wrote: "The Heller and McDonald rulings established, as a matter of law, an individual rights interpretation of the Second Amendment. But while judges can change the law, they cannot change history, and the historical record largely contradicts the bases for these two recent rulings." [19]
Spitzer is the author of six books on gun control: The Politics of Gun Control, [20] The Right to Bear Arms, [21] Gun Control: A Documentary and Reference Guide, [22] coauthor, along with Glenn H. Utter, of Encyclopedia of Gun Control and Gun Rights, [23] Guns across America: Reconciling Gun Rules and Rights, [24] and The Gun Dilemma: How History is Against Expanded Gun Rights. [25]
In addition to the American presidency and gun politics, Spitzer has researched and written on many topics related to American politics and public policy, including the behavior of American institutions, national elections, the mass media, the Constitution, and New York State politics and policy. His monograph The Right to Life Movement and Third Party Politics was a close examination of the New York-based Right to Life political party. [26] His book Saving the Constitution from Lawyers: How Legal Education and Law Reviews Distort Constitutional Meaning, [27] argues that legal training serves the practice of law well, but, according to the Harvard Law Review , "presents a sharp critique of the 'wayward constitutional theorizing' published in law journals." [28] Pulitizer Prize winning historian Jack Rakove said of this book, "Nowhere is the gap between pretension and performance [in legal education] more evident than in the realm of constitutional law, and Robert Spitzer explains why." [29] Since 1997, Spitzer has been series editor for the book series on American Constitutionalism published by SUNY Press. [5]
Spitzer was born in Utica, New York in 1953. [30] He received his A.B. degree, summa cum laude, from SUNY Fredonia in 1975, his master's degree from Cornell University in 1978, and his Ph.D. from Cornell University in 1980.
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ; the executive, consisting of the president and subordinate officers ; and the judicial, consisting of the Supreme Court and other federal courts. Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. It is regarded as the oldest written and codified national constitution in force.
The Second Amendment to the United States Constitution protects the right to keep and bear arms. It was ratified on December 15, 1791, along with nine other articles of the Bill of Rights. In District of Columbia v. Heller (2008), the Supreme Court affirmed for the first time that the right belongs to individuals, for self-defense in the home, while also including, as dicta, that the right is not unlimited and does not preclude the existence of certain long-standing prohibitions such as those forbidding "the possession of firearms by felons and the mentally ill" or restrictions on "the carrying of dangerous and unusual weapons". In McDonald v. City of Chicago (2010) the Supreme Court ruled that state and local governments are limited to the same extent as the federal government from infringing upon this right. New York State Rifle & Pistol Association, Inc. v. Bruen (2022) assured the right to carry weapons in public spaces with reasonable exceptions.
Representative democracy, also known as indirect democracy, is a type of democracy where elected people represent a group of people, in contrast to direct democracy. Nearly all modern Western-style democracies function as some type of representative democracy: for example, the United Kingdom, Germany, France, and the United States.
The Federalist Society for Law and Public Policy Studies is an American conservative and libertarian legal organization that advocates for a textualist and originalist interpretation of the U.S. Constitution. Headquartered in Washington D.C., it has chapters at more than 200 American law schools and features student, lawyer, and faculty divisions. The lawyers division comprises more than 70,000 practicing attorneys in ninety cities. Through speaking events, lectures, and other activities, it provides a forum for legal experts of opposing views to interact with members of the legal profession, the judiciary, and the legal academy. It is one of the most influential legal organizations in the United States.
The right to keep and bear arms is a right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, including security against tyranny, as well as hunting and sporting activities. Countries that guarantee the right to keep and bear arms include the Czech Republic, Guatemala, Switzerland, Ukraine, the United States, and Yemen.
The Gun Control Act of 1968 is a U.S. federal law that regulates the firearms industry and firearms ownership. Due to constitutional limitations, the Act is primarily based on regulating interstate commerce in firearms by generally prohibiting interstate firearms transfers except by manufacturers, dealers and importers licensed under a scheme set up under the Act.
Gun politics within American politics is defined by two primary opposing ideologies about civilian gun ownership. Those who advocate for gun control support increased regulation of gun ownership; those who advocate for gun rights oppose increased restriction of gun ownership. These groups often disagree on the interpretation of laws and court cases related to firearms and of the effectiveness of firearms regulation on crime and public safety. It is estimated that U.S. civilians own 393 million firearms, and that 40% to 42% of the households in the country have at least one gun. The U.S. has by far the highest estimated number of guns per capita in the world, at 120.5 guns for every 100 people.
The State University of New York College at Cortland is a public college in Cortland, New York. It was founded in 1868 and is part of the State University of New York (SUNY) system.
Birch Evans Bayh Jr. was an American Democratic Party politician who served as U.S. Senator from Indiana from 1963 to 1981. He was first elected to office in 1954, when he won election to the Indiana House of Representatives; in 1958, he was elected Speaker, the youngest person to hold that office in the state's history. In 1962, he ran for the U.S. Senate, narrowly defeating incumbent Republican Homer E. Capehart. Shortly after entering the Senate, he became Chairman of the Subcommittee on Constitutional Amendments, and in that role authored two constitutional amendments: the Twenty-fifth—which establishes procedures for an orderly transition of power in the case of the death, disability, or resignation of the President of the United States—and the Twenty-sixth, which lowered the voting age to 18 throughout the United States. He is the first person since James Madison and only non–Founding Father to have authored more than one constitutional amendment. Bayh also led unsuccessful efforts to ratify the Equal Rights Amendment and eliminate the Electoral College.
Laurence Henry Tribe is an American legal scholar who is a University Professor Emeritus at Harvard University. He previously served as the Carl M. Loeb University Professor at Harvard Law School.
Herbert J. Storing was an American political scientist with broad ranging interests who is best known for reviving the serious study of the American Founding. The renowned constitutional theorist and American politics scholar Walter Berns called him "the most profound man I have encountered in the field of American studies."
New York's legislature constitutional set up is similar to other states in the country. It is a bicameral legislature composed of a Senate house and an Assembly. The Assembly Speaker of the House, Hon. Carl E. Heastie and Senate Majority Leader Andrea Stewart-Cousins along with the Governor are responsible for negotiating what becomes law in New York State with the help of each leaders colleagues.
Paul Finkelman is an American legal historian, the Robert E. and Susan T. Rydell Visiting Professor at Gustavus Adolphus College in St. Peter, Minnesota, and a research affiliate at the Max and Tessie Zelikovitz Centre for Jewish Studies, Carleton University, Ottawa, Canada. He is the author or editor of more than 50 books on American legal and constitutional history, slavery, general American history and baseball. In addition, he has authored more than 200 scholarly articles on these and many other subjects. From 2017 - 2022, Finkelman served as the President and Chancellor of Gratz College, Melrose Park, Pennsylvania.
David D. Cole is the National Legal Director of the American Civil Liberties Union (ACLU). Before joining the ACLU in July 2016, Cole was the Hon. George J. Mitchell Professor in Law and Public Policy at the Georgetown University Law Center from March 2014 through December 2016. He has published in various legal fields including constitutional law, national security, criminal justice, civil rights, and law and literature. Cole has litigated several significant First Amendment cases in the Supreme Court of the United States, as well a number of influential cases concerning civil rights and national security. He is also a legal correspondent to several mainstream media outlets and publications.
The Nazi gun control argument is the claim that gun regulations in Nazi Germany helped facilitate the rise of the Nazis and the Holocaust. Historians and fact-checkers have characterized the argument as dubious or false, and point out that Jews were under 1% of the population and that it would be unrealistic for such a small population to defend themselves or overthrow the state even if they were armed.
Barry E. Friedman is an American academic and one of the country's leading authorities on constitutional law, policing, criminal procedure, and federal courts, working at the intersections of law, politics and history. Friedman teaches a variety of courses including Judicial Decisionmaking, Federal Courts and the Federal System, and Criminal Procedure: Fourth and Fifth Amendments, as well as a seminar on Democratic Policing. He writes about judicial review, constitutional law and theory, federal jurisdiction, judicial behavior, and policing. His scholarship appears regularly in the nation's top law and peer-edited reviews.
The Egyptian Crisis is a period that started with the Egyptian revolution of 2011 and ended with the installation of a counterrevolutionary regime under the presidency of Abdel Fattah el-Sisi in 2014. It was a tumultuous three years of political and social unrest, characterized by mass protests, a series of popular elections, deadly clashes, and military reinforcement. The events have had a lasting effect on the country's current course, its political system and its society.
The right to keep and bear arms in the United States is a fundamental right protected by the Second Amendment to the United States Constitution, part of the Bill of Rights, and by the constitutions of most U.S. states. The Second Amendment declares:
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.
Gerard Magliocca is an American law professor, the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. He is a noted scholar and expert on constitutional issues, particularly its historical underpinnings.