Debate on Gun Control Should Ask Whether Congress Has Power to Regulate


Gun control has become one of the preeminent battles of 2013. During a press conference last month, in which he was surrounded by children, President Obama urged Congress to ban “assault” (semiautomatic) weapons, limit magazines to 10 bullets, and introduce universal background checks for all firearm buyers. And last night, Mr. Obama again called for this regulation in his State of the Union address. Naming those affected by gun violence, he asserted to a cheering, standing crowd: “They deserve a vote.”

Across the country, Americans are debating the effectiveness of Obama’s gun-control proposals. Commentators on the left argue that semiautomatic weapons and high-capacity magazines aren’t necessary for home defense or hunting. On the right, the president’s critics say limiting guns won’t end violence and point out that no matter what laws Congress passes, criminals will still find ways to be well armed. The proposed legislation, they contend, simply would put law-abiding citizens at a disadvantage.

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William J. Watkins, Jr. is a Research Fellow at the Independent Institute and author of the Independent Institute books, Crossroads for Liberty, Reclaiming the American Revolution, and Patent Trolls. He received his J.D. cum laude from the University of South Carolina School of Law and is a former law clerk to Judge William B. Traxler, Jr. of the U. S. Court of Appeals for the Fourth Circuit.

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