The Armed Career Criminal Act and the Puzzle of Federal Crime Control in the Reagan Era: “It’s at the state and local levels that problems exist”

Abstract

Abstract This article examines how Pennsylvania Senator Arlen Specter’s Armed Career Criminal Act attempted to respond to the 1980s crisis of state prison overcrowding while also maintaining a political commitment to get tough on crime. Although commonly thought of as a straightforward punitive sentencing bill, this article shows that the Armed Career Criminal Act was also a desperate attempt to navigate a national crisis of state prison overcrowding in the 1980s that threatened to undercut racialized “get tough” politics and the burgeoning carceral state. In doing so, this article reshapes scholarship on the history of the United States carceral state by demonstrating that the United States’ decentralized political structure and federal government hostility toward funding state correctional expansion created significant gaps between a national discourse of law and order and actual anticrime policy making in the Reagan era, suggesting a far more contested development of the United States prison nation.