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 to 1989, 2005 to 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 to 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 to 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 president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces.
The Constitution of the United States is the supreme law of the United States. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the federal government. The Constitution's first three articles embody the doctrine of the separation of powers, in which 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. The Constitution of the United States is the oldest and longest-standing written and codified national constitution in force in the world.
A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto powers are also found at other levels of government, such as in state, provincial or local government, and in international bodies.
The Federalist Society for Law and Public Policy Studies (FedSoc) 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 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 conservative 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.
A semi-presidential republic, or dual executive republic, is a republic in which a president exists alongside a prime minister and a cabinet, with the latter two being responsible to the legislature of the state. It differs from a parliamentary republic in that it has an executive president independent of the legislature; and from the presidential system in that the cabinet, although named by the president, is responsible to the legislature, which may force the cabinet to resign through a motion of no confidence.
In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of the United States Constitution gives presidents broad executive and enforcement authority to use their discretion to determine how to enforce the law or to otherwise manage the resources and staff of the executive branch. The ability to make such orders is also based on expressed or implied Acts of Congress that delegate to the president some degree of discretionary power. The vast majority of executive orders are proposed by federal agencies before being issued by the president.
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.
Alton Brooks Parker was an American judge. He was the Democratic nominee in the 1904 United States presidential election, losing in a landslide to incumbent Republican Theodore Roosevelt.
Gun politics is defined in the United States by two primary opposing ideologies concerning the private ownership of firearms. Those who advocate for gun control support increasingly restrictive regulation of gun ownership; those who advocate for gun rights oppose increased restriction, or support the liberalization of gun ownership. These groups typically disagree on the interpretation of the text, history and tradition of the laws and judicial opinions concerning gun ownership in the United States and the meaning of the Second Amendment to the Constitution of the United States. American gun politics involves these groups' further disagreement concerning the role of firearms in public safety, the studied effects of ownership of firearms on public health and safety, and the role of guns in national and state crime.
The State University of New York at Cortland is a public university in Cortland, New York. It was founded in 1868 and is part of the State University of New York (SUNY) system.
The Civil Rights Act of 1866 was the first United States federal law to define citizenship and affirm that all citizens are equally protected by the law. It was mainly intended, in the wake of the American Civil War, to protect the civil rights of persons of African descent born in or brought to the United States.
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 constitutional theorist and American politics scholar Walter Berns called him "the most profound man I have encountered in the field of American studies."
The powers of the president of the United States include those explicitly granted by Article II of the United States Constitution as well as those granted by Acts of Congress, implied powers, and also a great deal of soft power that is attached to the presidency.
Federalist No. 70, titled "The Executive Department Further Considered", is an essay written by Alexander Hamilton arguing for a single, robust executive provided for in the United States Constitution. It was originally published on March 15, 1788, in The New York Packet under the pseudonym Publius as part of The Federalist Papers and as the fourth in Hamilton's series of eleven essays discussing executive power.
In American politics, the unitary executive theory is "an expansive interpretation of presidential power that aims to centralize greater control over the government in the White House." The concept often comes up in disagreements about the ability of the president to remove employees within the executive branch, around transparency and access to information, discretion over the implementation of new laws and the ability to influence rulemaking by agencies. There is disagreement about the strength and scope of the doctrine, with more expansive versions of the theory becoming the focus of modern political debate despite being far from mainstream constitutional thinking on the executive branch. These expansive versions are controversial for both constitutional and practical reasons.
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 even if they were armed.
Sanford Victor Levinson is an American legal scholar known for his writings on constitutional law. A professor at the University of Texas Law School, Levinson is notable for his criticism of the United States Constitution as well as excessive presidential power and has been widely quoted on such topics as the Second Amendment, gay marriage, nominations to the Supreme Court, and other legal issues. He has called for a Second Constitutional Convention of the United States.
In the United States, the right to keep and bear arms 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.
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