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43 Ariz. L. Rev. 369 (2001)
Project Exile and the Allocation of Federal Law Enforcement Authority

handle is hein.journals/arz43 and id is 381 raw text is: PROJECT EXILE AND THE ALLOCATION OF FEDERAL LAW ENFORCEMENT AUTHORITY Daniel C. Richman* I. INTRODUCTION With each report of violent crime statistics (whether rising or falling) or of the latest firearms outrage, we hear the antiphony of the gun control debate. Advocates of increased federal regulation decry the inadequacies of a regime that permits relatively free access to firearms and argue that the availability of guns is itself a spur to more deadly violence. Advocates of minimal regulation, for their part, condemn measures that, they say, will primarily penalize law-abiding citizens, and instead call for more vigorous enforcement of existing laws, targeting criminals, not their weapons. When the antiphony intrudes on funerals, the effect can be jarring. But these are time-honored themes, which can be heard as loudly in the debate surrounding the Gun Control Act of 1968' as they can today. These themes echoed (albeit in muted form) in the 2000 presidential and congressional campaigns,2 in Attorney General John Ashcroft's confirmation * Professor, Fordham University School of Law. Thanks to Sara Sun Beale, Jim Comey, Susan Ginsberg, Jerry Lynch, Bill Stuntz for their insightful comments. Also thanks to Bernard Harcourt for organizing the 2001 conference on Guns, Crime, and Punishment at the James E. Rogers College of Law, University of Arizona (Jan. 26-27, 2001). 1. Pub. L. No. 90-618, 82 Stat. 1213 (1968). 2. See Juliet Eiperin & Thomas B. Edsall, For Democrats, Gun Issue Is Losing Its Fire, WASH. POsT, Oct. 20, 2000, at Al (Many House and Senate Democrats have found that gun control is not resonating in many key contests like other issues, such as prescription drugs.); see also James Dao, The 2000 Campaign: Endorsements; To Help Bush, N.R.A. Withholds Backing, N.Y. TIMES, Sept. 12, 2000, at A23; Excerpts from Platform Approved by Democratic National Convention, N.Y. TitMS, Aug. 16, 2000, at A26; Excerpts From Platform Approved by Republican National Convention, N.Y. TIMES, Aug. 1, 2000, at A16; Joan Lowy, Presidential Hopefuls Far Apart on Means to Curb Grn Violence, STAR TRIB. (Minneapolis, Minn.), Apr. 16, 2000, at 12A; Megan Twohey, Bush and Gore's Positions on Gun Control, 32 NAT'L J. 1036 (2000); Peter Wallsten, Gun Laus Gain Prominence in Campaigns As Democrats Seek to Regain Control of Congress, CO*G. Q. WEEKLY, Mar. 18,2000, at 1-3.

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