Category — James Madison

Our forefathers bequeathed to us more than a republic. They willed to us an enduring constitution that incorporates more thought and brainpower than any document ever written by man. After fifty-five convention delegates worked ceaselessly for four months, three million people argued about it for up to two years, then it was ratified by conventions of the people, and after it was put in force, Congress immediately acceded to popular demand by proposing ten amendments that restricted the government from abridging the rights of the governed.

An incredibly prescient letter from Madison to Jefferson, in which Madison offers his observations on the dangers of a tyrannical majority in a democratic system. Madison explains his views on the proposed Bill of Rights and one of the reasons for his reticence was simply because he didn’t care for all those who supported it!

“At the same time I have never thought the omission [of a Bill of Rights] a material defect, nor been anxious to supply it even by subsequent amendment, for any other reason than that it is anxiously desired by others.”

In 1812 the United States was ill-prepared for war, let alone war with the most powerful nation on the planet, and President Madison knew it. But the country was sick and tired of being disrespected, thousands of its sailors impressed, and its trade restricted. The hawks in Congress, in spite of the Federalists’ attempts to stop them, would not be denied. Henry Clay was one of those war hawks.

The only way to repair our Constitution is with justices that have a deep-seated loyalty to the founding principles. The founders may have underestimated the capacity for judicial activism by a highly politicized court.

Those interested in enlarging their understanding of the Constitution have a unique resource in the Pacificus – Helvidius Debates. Liberty Fund has performed a great service by bringing together, for the first time, all the documents relevant to the Debates in a single, readable volume.

James takes a look at what the newly media-proclaimed “expert” (Richard Stengel) on the Constitution has to say in the most recent edition of Time magazine. (Note, Stengel’s no expert, his article is rife with errors and his ideology leaks through all over it.)

Individual rights were not a significant issue during the Constitutional Convention, but a Bill of Rights certainly became a major issue during ratification. Those who fought for a Bill of Rights weren’t looking for a government guarantee of an itemized list of rights. Even the anti-Federalists believed that rights came from God, not the government. These Constitutional dissenters were demanding that government be restricted from interfering with their rights. In other words, they wanted it made crystal clear where the government dare not tread.

The takings clause is the people’s bulwark in defense of private property. Despite its clarity, it has been a weak shield against the abusive exercise of determined power. Madison’s Convention notes show that the Framers spent little energy on rights, because delegates assumed a national government would adhere to Constitutional restrictions. We all know what happens when you assume …

Federalist No. 20 is the last in a series of 6 essays on the “Insufficiency of the Present Confederation to Preserve the Union.” In this essay, Hamilton and Madison collaborate (you can tell by the writing) to show the struggles of a contemporary confederacy, that of the Netherlands. According to Hamilton and Madison, despite its singularity, the United Netherlands were prone to the same problems which plagued the other confederacies covered in the preceding 5 essays.

A few weeks back, it was my good fortune to visit Montpelier. It may have been my favorite of the presidential homes I visited (the others being Mount Vernon, Ash Lawn, and Monticello). At all of these places I especially enjoyed visiting with the guides and other folks who are clearly passionate about what they do. At Montpelier, Jim Walker generously agreed to share some of his knowledge of James Madison, the father of the Constitution.