Carl Bogus invented the fiction that the purpose of the Second Amendment was slave control.
Back in 1998—a decade before Heller—Prof. Carl Bogus claimed to have discovered a “hidden history” showing that the Second Amendment was adopted to ensure that militias could enforce slave control. Since that theory crops up now and then, in 2021 I posted a comprehensive historical refutation in SSRN, which was subsequently published in Georgetown Journal of Law & Public Policy.
Bogus has now rehashed his 1998 theory in Madison’s Militia: The Hidden History of the Second Amendment (Oxford University Press, 2023), which adds nothing new on point. He states up front that he will not address how legal scholars or the courts have interpreted the Amendment, except to assert, without any support, that James Madison and his colleagues “would have been astonished” at the Supreme Court’s holding that the Amendment “grants individuals a right to have guns….” (“Grants?” No, confirms.)
Bogus failed to address or even mention my paper, which is the only comprehensive critique of his 1998 article, even though it was first published a year-and-a-half before his book. Oxford University’s readers who vetted his manuscript were either asleep at the wheel or biased in favor of his argument. This is good example of why courts today, when searching for historical analogues under Bruen, should rely on original historical sources and not skewed declarations by “historians.”
By Stephen Halbrook
