David P. Madden

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David P. Madden writes: I have just finished a book on the Constitution and Racism. It has been published by McFarland Press. Racism has permeated the workings of the U.S. Constitution since ratification. At the 1787 Constitutional Convention, supporters of slavery ensured it was protected by the rule of law. The federal government upheld slavery until it was abolished by the Civil war, then supported the South's Jim Crow power structure. From Reconstruction through the Civil Rights Era until today, veneration of the Constitution has not prevented lynching, segregation, voter intimidation or police brutality against people of color. The Electoral College- a Constitutional accommodation for slaveholding aristocrats who feared popular government - has twice in 20 years given the presidency to a candidate who lost the popular vote. My book describes antidemocratic flaws in the Constitution, included to legalize profiting from human bondage, perpetuate racism, economic inequality and the subversion of democracy.

I am a retired trial lawyer having practiced for over 40 years. I was involved in all kinds of civil litigation in state and federal courts throughout the United States, and tried over 100 jury trials, including civil rights actions involving Sections 1981 and 1983.I was also a Lieutenant Colonel in the United States Army Judge Advocate General Corps practicing in administrative and criminal law as it relates to the UCMJ. I also worked for Legal Aid representing some of America's most vulnerable populations. I have taught legal studies and American and military history at the college level. I am currently a volunteer speaker for the ACLU.


Are there particular films that have influenced your writing?

A Man for All Seasons, Robert Bolt's play, brought to the cinema, is for me a remarkable movie. I saw it when it first came out in 1966. It is a tale of conscience speaking to the power of the state. While not altogether accurate, Moore was no advocate of a pluralistic society- he ordered Protestants burned at the stake, the idea of the rule of law and moral perseverance in an earlier time told during the Vietnam War was a remarkable story.

What period of history do you wish you knew more about?

My B.A. and M.A. were in American history. I concentrated on legal issues and the American Civil War.

Favorite non-reading activity?

Walking gives you the opportunity to think and capture nature in real time without the pounding of running.

Vacation druthers… City or Rural destination? Why?

I would rather be in the woods. The Boundary Waters is one of the gems of American wilderness that hangs on by a thread due to the pressures of development and ill-advised industrial mining. It is a place where you can hear the world turn on its axis and each day, rain, wind or brilliant sunshine is recognition of what is important. But, there are woods everywhere you just have to look for them.

What brings you great joy?

My grandchildren light my life with pure joy.



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