Madison's Militia: The Hidden History of the Second Amendment

Author:   Carl T. Bogus (Professor of Law, Professor of Law, Roger Williams University School of Law)
Publisher:   Oxford University Press Inc
ISBN:  

9780197632222


Pages:   336
Publication Date:   05 May 2023
Format:   Hardback
Availability:   To order   Availability explained
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Madison's Militia: The Hidden History of the Second Amendment


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Author:   Carl T. Bogus (Professor of Law, Professor of Law, Roger Williams University School of Law)
Publisher:   Oxford University Press Inc
Imprint:   Oxford University Press Inc
Dimensions:   Width: 27.40cm , Height: 3.00cm , Length: 12.30cm
Weight:   0.585kg
ISBN:  

9780197632222


ISBN 10:   019763222
Pages:   336
Publication Date:   05 May 2023
Audience:   General/trade ,  General
Format:   Hardback
Publisher's Status:   Active
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

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Reviews

A vital reconsideration of a contentious constitutional amendment. * Publishers Weekly * Readers interested in the Second Amendment's origins or in assessing arguments about its meaning will likely and deeply appreciate this comprehensive history. * Library Journal * At a time when the Supreme Court is increasingly looking at the original meaning in interpreting the Constitution, Professor Carl Bogus has written a riveting account of how the Second Amendment actually came to be added to the Constitution. Contrary to the conventional wisdom, Professor Bogus shows that the Second Amendment was meant to protect the slave system and keep Congress from disarming slave patrols. This is an essential history for all lawyers, judges, students, and individuals who are researching the original understanding of the Second Amendment and gun rights. * Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley School of Law * A surprisingly fast-paced account of the events leading up to the Second Amendment. Bogus persuasively suggests that, while Madison and other Founders paid lip-service to the dedication of militias and the threat of standing armies, their primary concern was to suppress insurrections by the people they enslaved. Madison's Militia undermines any claim by the Roberts Court/the Supreme Court to locate the individual right to bear arms in an originalist reading of the Constitution. * Jeannine DeLombard, author of In the Shadow of the Gallows: Race, Crime, and American Civic Identity * Bogus offers a fresh and fearless investigation into why Madison and his contemporaries added the right to keep and bear arms to the Constitution. Uncluttered by myth or hagiography, this book will likely become the definitive account of the darker side of the Second Amendment's drafting and ratification. * Darrell A.H. Miller, Duke Law School * Carl Bogus makes an important contribution to efforts to discern the meaning of the 27 words that make up the Second Amendment to the United States Constitution. Bogus' work provides a rich context to understand what those who drafted and debated the amendment faced, as well as what they hoped to accomplish. Bogus invites readers to reconsider the racially neutral right to bear arms that the amendment protects in light of the immediate racialized threat of uprisings and rebellions by enslaved people against their enslavers. His book offers a radically different way to read and understand the amendment which aligns with, rather than revises, the history surrounding its ratification. * Lisa A. Crooms-Robinson, Professor, Howard University School of Law * Slavery was the main event-not a sideshow-as the U.S. was founded. In this insightful, crisply written book Carl Bogus tells us that what impelled the now infamous Second Amendment was precisely the rampant fear of slave insurrections, necessitating the formation of a well-armed militia. * Gerald Horne, author, The Counter-Revolution of 1776: Slave Resistance and the Origins of the United States of America * Madison's Militia offers an illuminating overview of the tangled history of the Second Amendment and its 'right to bear arms.' Whatever the limitations of citizen militias in actually fighting wars, they were indispensable in Virginia and other states worried about suppressing any slave rebellions and about the possibility that the new national government would prove insufficiently protective of slavery. American historians are increasingly studying the intersections of slavery and a desire to maintain white supremacy, and Bogus provides a valuable, extremely well-written, demonstration of those intersections. * Sanford Levinson, University of Texas Law School and author of Framed: America's 51 Constitutions and the Crisis of Governance *


Slavery was the main event-not a sideshow-as the U.S. was founded. In this insightful, crisply written book Carl Bogus tells us that what impelled the now infamous Second Amendment was precisely the rampant fear of slave insurrections, necessitating the formation of a well-armed militia. * Gerald Horne, author, The Counter-Revolution of 1776: Slave Resistance and the Origins of the United States of America * At a time when the Supreme Court is increasingly looking at the original meaning in interpreting the Constitution, Professor Carl Bogus has written a riveting account of how the Second Amendment actually came to be added to the Constitution. Contrary to the conventional wisdom, Professor Bogus shows that the Second Amendment was meant to protect the slave system and keep Congress from disarming slave patrols. This is an essential history for all lawyers, judges, students, and individuals who are researching the original understanding of the Second Amendment and gun rights. * Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley School of Law * A surprisingly fast-paced account of the events leading up to the Second Amendment. Bogus persuasively suggests that, while Madison and other Founders paid lip-service to the dedication of militias and the threat of standing armies, their primary concern was to suppress insurrections by the people they enslaved. Madison's Militia undermines any claim by the Roberts Court/the Supreme Court to locate the individual right to bear arms in an originalist reading of the Constitution. * Jeannine DeLombard, author of In the Shadow of the Gallows: Race, Crime, and American Civic Identity * Carl Bogus makes an important contribution to efforts to discern the meaning of the 27 words that make up the Second Amendment to the United States Constitution. Bogus' work provides a rich context to understand what those who drafted and debated the amendment faced, as well as what they hoped to accomplish. Bogus invites readers to reconsider the racially neutral right to bear arms that the amendment protects in light of the immediate racialized threat of uprisings and rebellions by enslaved people against their enslavers. His book offers a radically different way to read and understand the amendment which aligns with, rather than revises, the history surrounding its ratification. * Lisa A. Crooms-Robinson, Professor, Howard University School of Law * Bogus offers a fresh and fearless investigation into why Madison and his contemporaries added the right to keep and bear arms to the Constitution. Uncluttered by myth or hagiography, this book will likely become the definitive account of the darker side of the Second Amendment's drafting and ratification. * Darrell A.H. Miller, Duke Law School *


Author Information

Carl T. Bogus is a Professor of Law Emeritus at the Roger Williams University School of Law in Bristol, Rhode Island. He has also held visiting positions at the George Washington, Drexel, and Rutgers University law schools. He is the author of two previous books--Buckley: William F. Buckley Jr. and the Rise of American Conservatism (Bloomsbury Press) and Why Lawsuits Are Good for America: Disciplined Democracy, Big Business, and the Common Law (NYU Press)--and the editor of The Second Amendment in Law and History: Historians and Constitutional Scholars on the Right to Bear Arms (The New Press). His writings have appeared in professional journals as well as the New York Times, USA Today, Los Angeles Times, Boston Globe, The Nation, American Prospect, American Conservative, and other popular venues.

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