Strategic uses of constitutional originalism by conservatives in US gun politics and beyond

Abstract

ABSTRACT Political scientists have increasingly operationalised ‘Discourse’ as a means through which actors promote their interests. Building on Plehwe (2011, 2014) and Hajer’s (1995, 2006) concept of discourse coalition theory, I explore how actors promote their interests via discourse. I do this through the case of constitutional originalism: the interpretation of the US Constitution in according to its historical provisions, viewing citizens’ rights as determined at the point of its drafting, irrespective of revisions appropriate to modern society. Such a view has become a mainstream philosophy. I show constitutional originalism’s strategic utility for conservatives, as a study of shared ‘flexible discourse’ through which multiple actors pursue differing objectives. In short, actors us the same idea differently and this ‘quid pro quo’ entrenches both the narrative and establishes actors’ goals. This question is the notion that ideology is a coherent thing: rather, it is a convenience that is strategically deployed by different members of the coalition. I develop the framework of Flexible Discourse Theory to this end. ‘Discourse’ is a strategic tool allowing for strength in number, fortifying individual groups’ pursuit of their political ends and the political vehicle which allows differing value sets to be pursued. It is also a means through which diverse coalitions can be built, in which mediating discourses are compatible with diverse values and do not fall between blocs’ ideological faultlines. Flexible discourses’ strategic utility is an important story of political bloc and coalition formation. It elucidates the role of ideation as a deployable tool, through which coalitions are maintained. I explore this theory by analysing constitutional originalism’s political uses for the American right, in the victory case for originalism, D.C. v. Heller (2008) on Second Amendment rights, and how this strategy is deployed towards a variety of other political stances. In brief, this is a study of how actors use ideology strategically and instrumentally to realise their interests.