Constitutional Law
Nov. 4, 2024
The death of the 2nd Amendment: Part IV - The purpose behind the 2nd
Professor Carl T. Bogus argues that the Second Amendment was included in the Bill of Rights to protect slavery, as Southern states feared the possibility of slave rebellions and the potential for the federal government to disarm the slave patrols. Bogus's research contradicts Justice Antonin Scalia's notion that the Second Amendment was meant to facilitate citizen insurrections against a "tyrannical" federal government.
Myron Moskovitz
Legal Director, Moskovitz Appellate Team
90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com
UC Berkeley SOL Boalt Hal
Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.
My last two columns critiqued Justice Antonin Scalia's majority opinion in District of Columbia v. Heller, 554 U.S. 570 (2008), where the U.S. Supreme Court held for the first time that the Second Amendment protects an individual's right to keep a handgun in his home.
Scalia interpreted the Second Amendment, whi...
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