In a recent article published by The Good Men Project, David Madden decodes the military jargon “battle space” as the killing fields and suggests the military rhetoric provides a pretext for delaying or cancelling the November election.  “It is not enough that the Trump government bungled the pandemic and directly caused the deaths of over a hundred thousand Americans. It is not enough that the Trump government has fueled racial fires for political purposes. It is not enough that Trump and his Republican cronies in and out of office have milked the American purse long and hard. Now in the twilight of their gods they have declared war on Americans doing what they have a right to do. There will be no election without consistent pressure on this government and women and men of goodwill and intelligence speaking up every single day until we have rid ourselves of this curse. ”

A retired trial lawyer with over forty years of experience, David P. Madden has tried over 100 jury trials in state and federal courts throughout the United States and has numerous reported decisions. He was a Certified Civil Trial Advocate, a member of the American Board of Trial Advocates, and peer rated Av by Martindale-Hubbell, their highest rating for professionalism and ethics. At the end of his legal career he was employed by Legal Aid and provided legal services to the most vulnerable populations in our society. Mr. Madden had a career as a United States Army Reserve Judge Advocate, ending his military service as a Lieutenant Colonel. He has also taught legal and history courses at the college level.

David Madden’s upcoming book, The Constitution and American Racism: Setting a Course for Lasting Injustice, will be published by McFarland Press, a leading independent publisher of academic nonfiction, McFarland is recognized for noteworthy books about pop culture, sports, military history, transportation, body & mind, literature, history, and medieval studies, among other topics. McFarland currently offers nearly 7,000 books in print. Meeting high library standards has always been a major focus, and many McFarland books have received awards from the academic-oriented (e.g., Choice Outstanding Academic Title, ALA Outstanding Reference Work) to the mainstream (Hugo, Edgar, Stoker, and Eisner, among others). Visit McFarland for more information.

The Constitution and American Racism offers a counter-narrative to the myths of infallible founding fathers and their original intent with a historical analysis of the Constitution as flawed from its inception. Madden explores the roots of American slavery in racism and how the founders—men who owned slaves and profited from their labor—codified it at the Constitutional Convention. The Constitution protected slavery and limited popular government. The Civil War abolished slavery but failed to address the root of the problem—racism. Through decisions of the Supreme Court, obstruction by the Senate, and presidential neglect, racism remained the law of the land. Madden explores how racism continues to dominate politics and how the legacy of a Constitution that recognized slavery and racism now imperils what democracy is left in America. The book is an engaging and accessible account of the death of Madison’s republic and the transformation of politics in the United States.

In anticipation of his book’s release, we decided to share this Q&A with David Madden.

Swenson Book Development: What inspired you to write The Constitution and American Racism

David Madden: The dismal economic and legal situation of African Americans, the election of 2016, and the failure of the Constitution to give us a winner based on the popular vote. The racism that swelled to the top of the Trump administration almost immediately and Trump’s approval of the use of Confederate flags and swastikas if it charmed his base. The failure of many organizations, particularly religious to condemn this neo-racism. The immense power that money wields in our politics at all levels.

SBD: What has the writing process for this book been like for you?

David Madden: Writing a book is much more different than I imagined. More work and humbling in terms of your writing and the way the publishing system works. You need fans and critics and to listen to yourself to hear your voice as you write. Do it over and over again.

SBD: What have you learned personally while writing the book?

David Madden: You need help when writing and you need to plan on hard work. The work has to come from within and is like long-distance running, it is an individualized pursuit that often no one sees. Self-awareness, humility, and persistence are the keys to the process.

SBD: What do you hope readers will take away from your book?

(c) 2006 Bonnie Jacobs

David Madden: Racism had dominated the operation of the Constitution. I would like readers to be aware that veneration of our Constitution is dangerous and that the Constitution is really dead as an effective governing document. It continually moves us towards autocracy and perhaps dictatorship. It needs considerable amendment or replacement to protect democracy which I believe is the power of the people to elect and hold their government accountable. Racism is persistent in our politics, economics, and law and we need a concerted effort to amend the system to take this into account and ameliorate the sins of prejudice.

Connect with David Madden and find out more about his work on his website.

One thought on “Racism and the Failures of the U.S. Constitution

  1. It is hard to imagine a book that is more timely and needs to be read and studied by all American citizens who may be concerned about the effective functioning of our government as a democracy.

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